Once more, 2021 demonstrated that constant change should become your friend and ally. After a second year of global uncertainty caused by the formidable challenges of the COVID-pandemic, we all long for a return “back-to-normal.” However, chances are that 2022 will continue to present drastic and unpredictable challenges.
Client Alert | January 13, 2022
In this webcast, a panel of Gibson Dunn lawyers covers key developments to be aware of headed into the 2022 reporting and proxy season, including recent and upcoming SEC rulemaking and comment letters, proxy season trends, investor and proxy advisor updates, and regulatory developments on topics such as board diversity and director duties.
Publications | January 12, 2022
A main area of focus for public companies this past annual reporting season was the new human capital disclosure requirement for annual reports on Form 10-K. Gibson Dunn lawyers review disclosure trends among S&P 500 companies and provides practical considerations for companies as we head into 2022 and the second year of discussing human capital resources and management.
Client Alert | November 10, 2021
Gibson Dunn lawyers look at recent proposals in the UK to enhance diversity and inclusion in the financial services and the UK listed company sectors respectively.
Client Alert | October 27, 2021
In a judgment dated 14 October 2021 related to the so-called “Case of the Century”, the Paris Administrative Court (the Court) ordered the State to make good the consequences of its failure to reduce greenhouse gas (GHG) emissions. In this respect, the Court ordered that the excess of the GHG emissions cap set by the first carbon budget be offset by 31 December 2022 at the latest. The French Government remains free to choose the appropriate measures to achieve this result.
Client Alert | October 25, 2021
If enacted into law in its current form, the Build Back Better Act would substantially extend and expand available clean energy tax incentives, including the investment tax credit (“ITC”), the production tax credit (“PTC”), and the carbon capture and sequestration credit. Gibson Dunn lawyers examine the current state of the proposed legislation.
Client Alert | October 13, 2021
The upcoming Kunming conference marks the 15th meeting of the Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity, and aspires to do for biodiversity what the Paris Agreement did for climate change - namely, producing a landmark multinational accord to address one of the most pressing ecological and economic issues of our time.
Client Alert | October 12, 2021
On 20 September, the Competition & Markets Authority (CMA) published a Green Claims Code aimed at protecting consumers from misleading environmental claims amidst concerns over ‘greenwashing,’ i.e. overstated, unsubstantiated green credentials of a product or service.
Client Alert | October 7, 2021
Recently, the SEC's Division of Corporation Finance has issued a number of comment letters relating exclusively to climate-change disclosure issues. Gibson Dunn's lawyers share their observations.
Client Alert | September 20, 2021
In this webcast, a panel discusses the 2021 Revised Sustainability-Linked Loan Principles and the panelists' experiences developing them.
Webcasts | September 20, 2021
Gibson Dunn lawyers provide an overview of the ways in which climate policy is a significant consideration at the U.S. Securities and Exchange Commission (SEC).
Client Alert | August 23, 2021
Gibson Dunn lawyers provide an overview of shareholder proposals submitted to public companies during the 2021 proxy season, including statistics and notable decisions from the staff of the Securities and Exchange Commission on no-action requests.
Client Alert | August 19, 2021
In this webcast, a panel discusses the development of sustainability-linked debt, a fast-growing asset class within the broader category of ESG-focused debt, with broad appeal to issuers that may not have appropriate projects to finance with traditional green bonds.
Webcasts | July 29, 2021
Washington, D.C. partner Michael Murphy and associate Kyle Neema Guest are the authors of "Green Investments Are Not Immune To ESG Scrutiny," [PDF] published by Law360 on July 27, 2021.
Article | July 28, 2021
On June 11, 2021, the Securities and Exchange Commission released Chair Gary Gensler’s Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions. Gibson Dunn lawyers summarize the key and noteworthy aspects of the Agenda.
Client Alert | June 21, 2021
Gibson Dunn was recognized in the inaugural edition of Chambers Crisis & Risk Management. The firm was ranked in the Global-wide: Environmental, Social & Governance Risk category.
Firm News | June 17, 2021
On June 17, 2021, the Supreme Court held 8-1 that plaintiffs suing domestic corporations for aiding and abetting international law violations overseas had failed to allege a sufficient domestic nexus for the conduct to support liability under the Alien Tort Statute.
Client Alert | June 17, 2021
On May 28, 2021, the Administration released its fiscal year (FY) 2022 Budget, outlining a plan for $6 trillion of federal spending and $4.1 trillion in revenue for FY 2022 alone.
Client Alert | May 29, 2021
Join a panel of Gibson Dunn lawyers for a discussion of the latest developments, best practices and predictions for ESG (environmental, social and governance) capital markets.
Webcasts | April 21, 2021
On Friday, April 9, 2021, the SEC Division of Examinations issued a Risk Alert detailing its observations of deficiencies and internal control weaknesses from examinations of investment advisers and funds regarding investing that incorporates environmental, social, and governance factors.
Client Alert | April 14, 2021
On March 15, 2021, the Acting Chair of the Securities and Exchange Commission (SEC), Allison Herren Lee, gave a speech entitled “A Climate for Change: Meeting Investor Demand for Climate and ESG Information at the SEC," in which she sets forth a near-term regulatory agenda for the SEC that centers on climate and Environmental, Social, and Governance (ESG) topics.
Client Alert | March 16, 2021
In this two-part alert, Gibson Dunn lawyers examine key global legislative developments and proposals in the bourgeoning field of mandatory corporate human rights due diligence.
Client Alert | March 10, 2021
On March 4, 2021, the Securities and Exchange Commission (SEC) announced the creation of the “Climate and ESG Task Force" in the SEC's Division of Enforcement.
Client Alert | March 5, 2021
On February 24, 2021, Allison Herren Lee, Acting Chair of the Securities and Exchange Commission (SEC), issued a statement titled “Statement on the Review of Climate-Related Disclosure” that “direct[s] the Division of Corporation Finance to enhance its focus on climate-related disclosure in public company filings”.
Client Alert | March 1, 2021
In this webcast, Gibson Dunn lawyers discuss significant 2020 developments in areas including antitrust, corporate governance, data privacy and cybersecurity, international trade, money laundering, securities fraud, and white collar defense and investigations.
Webcasts | February 23, 2021
The English Supreme Court's February 12, 2021 judgment in Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3 is a landmark decision in the field of human rights and environmental protection.
Client Alert | February 15, 2021
On January 27, 2021, Climate Day, President Biden issued two Executive Orders and a Memorandum addressing the “climate crisis” and scientific integrity, which include a moratorium on new oil and gas lease permits on federal lands and waters.
Client Alert | February 9, 2021
The concept of mandatory corporate human rights due diligence is gaining momentum, both within Europe and on the international stage. In this two-part alert, we examine key global legislative developments and proposals on this important topic. In Part One, we look at very recent steps taken by the institutions of the EU towards implementation of legislation at a pan-European level.
Client Alert | February 8, 2021
In the second in the series of three ESG focused webinars, members of the ESG Practice Group of Gibson Dunn’s London and New York offices will provide some insights specifically to address the ESG issues for Private Fund Managers.
Webcasts | January 19, 2021
On December 7, 2020, the Foreign Affairs Council of the Council of the European Union, adopted Decision (CFSP) 2020/1999 and Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses, which together establish the first global and comprehensive human rights sanctions regime to be enacted by the European Union.
Client Alert | December 10, 2020
On December 1, 2020, The Nasdaq Stock Market LLC announced that it filed with the U.S. Securities and Exchange Commission (SEC) a proposal to advance board diversity and enhance transparency of board diversity statistics through new listing requirements.
Client Alert | December 4, 2020
The two most influential proxy advisory firms - Institutional Shareholder Services and Glass, Lewis & Co. - recently released their updated proxy voting guidelines for 2021. This Client Alert describes the key changes to the ISS and Glass Lewis policies along with some suggestions for actions public companies should take now in light of these policy changes and other developments.
Client Alert | December 3, 2020
In this webcast, a panel of Gibson Dunn lawyers provides insights to help navigate the global ESG landscape from a UK perspective, touching on key rules and regulations, forthcoming developments and trends, and practical tips.
Webcasts | November 4, 2020
Gibson Dunn lawyers provide an overview of shareholder proposals submitted to public companies during the 2020 proxy season, including statistics and notable decisions from the staff of the Securities and Exchange Commission on no-action requests.
Client Alert | August 4, 2020
On 6 July 2020, the UK Government introduced into law the “Global Human Rights Sanctions Regulations 2020,” and designated the first individuals under the Regulations in connection with their involvement in gross human rights violations.
Client Alert | July 9, 2020
Washington, D.C. partners Elizabeth Ising and Jason Meltzer, of counsels Gillian McPhee and Lissa Percopo and Orange County associate Lauren Assaf-Holmes are the co-authors of "ESG Legal Update: What Corporate Governance and ESG Professionals Need to Know," [PDF] published in collaboration with the Society for Corporate Governance in June 2020.
Article | June 23, 2020
With global green bond issuances surpassing $200 billion in 2019, issuers in an increasing number of industries have begun to explore both the traditional green bond market and emerging alternative ESG financial products.
Client Alert | March 31, 2020
Gibson Dunn lawyers offer observations on new developments and recommended practices to consider in preparing the 2020 Proxy Statement.
Client Alert | February 4, 2020
In this webcast, Gibson Dunn lawyers discuss significant 2019 developments in areas including antitrust, corporate governance, data privacy and cybersecurity, international trade, money laundering, securities fraud, and white collar defense and investigations.
Webcasts | January 23, 2020
Gibson Dunn lawyers summarize the key changes in the UK Financial Reporting Council's (FRC) new Stewardship Code 2020 impacting investors and asset managers, the outcomes from the UK Financial Conduct Authority (FCA)/FRC discussion paper, and related recent and forthcoming UK and EU legal and regulatory developments.
Client Alert | October 28, 2019
On September 6, 2019, the Division of Corporation Finance of the Securities and Exchange Commission announced two significant procedural changes for responding to Exchange Act Rule 14a-8 no-action requests that will be applicable beginning with the 2019-2020 shareholder proposal season
Client Alert | September 9, 2019
On February 6, 2019, the Division of Corporation Finance of the SEC issued two new identical Compliance and Disclosure Interpretations (C&DIs) addressing public company disclosure in proxy statements and other filings regarding “self-identified diversity characteristics” for board director nominees. In addition, legislation was introduced in both houses of Congress that would require public companies to annually disclose the gender, race, ethnicity and veteran status of their directors, director nominees, and senior executive officers.
Client Alert | February 8, 2019
On October 24, 2018, Glass Lewis released its updated U.S. proxy voting policy guidelines for 2019, including guidelines for shareholder proposals.
Client Alert | November 1, 2018
On September 30, 2018, Governor Edmund G. Brown signed several new workplace laws, and vetoed others, that arose out of the #MeToo movement. We briefly review the newly signed legislation and also highlight bills that Governor Brown rejected.
Client Alert | October 5, 2018
This client alert provides an overview of shareholder proposals submitted to public companies during the 2018 proxy season, including statistics and notable decisions from the staff (the “Staff”) of the Securities and Exchange Commission (the “SEC”) on no-action requests.
Client Alert | July 12, 2018
Washington, D.C. partners Beth Ising and Avi Garbow, of counsels Jason Meltzer and Gillian McPhee, associate Christopher White; and Orange County associate Lauren Assaf are the co-authors of “Legal Risks and ESG Disclosures: What Corporate Secretaries Should Know,” [PDF]
Article | June 25, 2018
During the Obama Administration, a number of legal and regulatory developments placed a new premium on the importance of ensuring that supply chains did not include items produced with forced labor or otherwise involve human trafficking.
Client Alert | November 30, 2017
Over the past few years, interest in corporate social responsibility ("CSR") has increased significantly. The spotlight on CSR has led companies to expand and strengthen their CSR efforts.
Client Alert | March 9, 2017
Dallas associate Michael Cannon is the author of "What Potential M&A Buyers Must Know About R&W Tax Risks," [PDF] published in Law360 on January 27, 2017.
Article | January 27, 2017