Resource Library

This piece highlights the increasing pressure within Australia on companies to address the issue of climate change. In particular, it highlighted the amount of landmark climate change cases that have been issued in recent months to compel the government or specific directors and officers to compel action on climate change. Indeed, Australia is the second most active jurisdiction for climate change litigation, with the United States being first.

This article has an update for the Shareholder Environmental, Social and Governance (ESG) Resolutions in Australia following their previous update in September 2020. Describing some of the recent changes and developments, their conclusion was that the increasing number of ESG resolutions demonstrates that activities are making full use of their ability to requisition shareholder resolutions.

On March 4, 2021, the US Securities and Exchange Commission (SEC) announced the creation of a Climate and ESG Task Force in the Division of Enforcement. According to the SEC, the Task Force will develop initiatives to proactively identify ESG-related misconduct in the form of gaps or misstatements of issuer disclosure by means of the Division’s resources, including the collection of tips and whistleblower complaints and the use of data mining and analysis. The Division of Enforcement’s new Climate and ESG Task Force will use data analysis to mine and evaluate registrant information for possible violations.

In Case You Missed It, the Law Department Management Network's February 2021 Legal Quick Hit was titled "How to Develop and Advance an Environment, Social and Governance (ESG) Program." You can view this quick checklist, developed by Seyfarth Shaw LLP, to get a brief snapshot into the program.

This article provides an analysis on the Joint Standing Committee on Northern Australia’s report, entitled Never Again: Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia – Interim Report (released on 9 December 2020).

This ACC Docket article provides in-house counsel with an overview of the procurement process at larger companies, specific clauses in vendor agreements that are important to review before entering into a contract with a vendor, and a guide to procuring clean energy for your company.

Depending on the industry, your board members could be in breach of their duties if they don’t consider the company’s impact on climate change. The climate is changing - more precipitously and with more severe consequences than many anticipated and it will impact companies and board members in a number of different ways. This ACC Docket article outlines actions that board members can take in order to clearly communicate with their shareholders, provide support for their customers and invest in their employees in order to control the environmental impact of climate change on their company.

Learn why corporate sustainability should be at the top of Chief Legal Officers' mind. Get insight into how a large company's CLO approaches sustainability within her organization.

Explore the leading role of the General Counsel in driving corporate sustainability.

With growing environmental concerns affecting global companies, Chief Legal Officers (CLOs) are optimally placed to deal with these issues and direct that company to a more sustainable future. In this Quick Overview, CLOs and senior in-house counsel can learn tips and takeaways on how to prepare a more robust Environmental, Social, and Governance (ESG) program for their company.