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Environmental, Social, and Corporate Governance Viewpoints

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Nasdaq’s “Show and Tell” Diversity Disclosure Survives Initial Challenge

October 23, 2023 | Blog | By Jennifer Rubin, Evan Piercey, Danielle Dillon

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New ESG Requirements for Banks that Hold Public Funds May Raise Challenging Compliance Issues

June 29, 2023 | Blog | By Keith Kollmeyer, Jacob Hupart, Ellen Shapiro

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A Quantitative Analysis of Comment Letters Issued by the SEC Concerning Climate Change Disclosures

June 8, 2023 | Advisory | By Jacob Hupart, Doug Baumstein, Thomas R. Burton, III, John Condon, Will G. McKitterick, Jaidyn M. Jackson, Tucker Kelsch

From July 2021 through March 2023, the SEC sent reporting entities more than 100 letters seeking information on climate change topics and nearly 170 letters concerning greenwashing. In an in-depth analysis, Mintz attorneys identify and analyze the frequency of various categories of questions as well as the industries and characteristics of the businesses targeted.
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Navigating Fiduciary Duties amidst the Rise of Anti-ESG Rulemaking

February 15, 2023 | Blog | By Doug Baumstein, Jacob Hupart, Will G. McKitterick, Ellen Shapiro

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Caremark Liability Following the SEC’s New ESG Reporting Requirements

December 16, 2022 | Blog | By Jacob Hupart, Doug Baumstein, Jonathan L. Kravetz, Ellen Shapiro, Will G. McKitterick

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Is Antitrust ESG's Achilles Heel ? House Republicans Think So.

December 13, 2022 | Blog | By Bruce Sokler, Jacob Hupart, Tinny Song, Payton Thornton

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Preparation for 2022 Fiscal Year-End SEC Filings and 2023 Annual Shareholder Meetings

December 7, 2022 | Advisory | By John Condon, Anne Bruno, Melanie Ruthrauff Levy, Jacob Hupart, Cynthia Larose, Breton Leone-Quick, Page R. Hubben

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From the Edge - In the Boardroom: Session 6 - Crises in the Boardroom

December 7, 2022 | Podcast | By Melanie Ruthrauff Levy, Stephen Osborn, Jason Vigna

In our sixth session, the team is joined by Jason Vigna, a Member in our Securities Litigation Practice, to discuss best practices for handling crises in the boardroom — including identifying, documenting, discussing, managing, and disclosing material risks.
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ERISA Fiduciaries May Consider ESG Factors in Selecting Investments and Exercising Shareholder Rights

November 30, 2022 | Alert | By Jacob Hupart, Michelle Capezza, Thomas R. Burton, III, Megan Gates

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From the Edge - In the Boardroom: Session 5 - Employment Law

November 16, 2022 | Podcast | By Melanie Ruthrauff Levy, Stephen Osborn, Jennifer Rubin

In our fifth session, which focuses on employment law, the team is joined by Jen Rubin, a bicoastal Member in our Employment, Labor & Benefits Practice and Chair of our ESG Practice, to discuss best practices related to hiring an executive (hint: consensus is key), managing the executive at the board level, and how to (amicably) negotiate to terminate an executive.
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Carbon Credit and Carbon Offset Fundamentals

October 20, 2022 | Article | By Areta Jez, Ayaz Shaikh

As the need to reduce the global emissions of greenhouse gases has grown more urgent over the last quarter century, key stakeholders across the globe have sought to forge effective paths to make a measurable difference in the health of the planet. This article provides a broad overview of, and key distinctions between, carbon credits and carbon offsets. It also takes a look at the establishment and evolution of carbon markets, and a summary of the opportunities and risks they present.  
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ESG Considerations in M&A Transactions

October 14, 2022 | Advisory | By Francesca A. McGuire, Thomas R. Burton, III

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From the Edge - In the Boardroom: Session 4 - ESG in the Boardroom

September 28, 2022 | Podcast | By Thomas Burton, Melanie Ruthrauff Levy, Stephen Osborn

In our fourth session, “ESG in the Boardroom,” the team is joined by Kristyn Noeth, Of Counsel at Mintz, to discuss best practices related to and practical implementation of ESG concepts, as well as the impending Climate Disclosure Rule.
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From the Edge - In the Boardroom: Session 2 - Running an Effective Board Meeting

September 14, 2022 | Podcast | By Thomas Burton, Melanie Ruthrauff Levy, Stephen Osborn

In our second session, “Running an Effective Board Meeting,” the team discusses key considerations for public and private companies in this critical area of governance.
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Who Should Be In Charge of Board ESG Responsibilities?

April 28, 2022 | Blog | By Jennifer Rubin, Jacob Hupart, Megan Gates

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In this webinar, former Massachusetts Governor Bill Weld, and Members Megan Gates and Jacob Hupart, examine key takeaways from the SEC’s proposed climate-related disclosures rule.
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