Governance

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ESG Data Is Becoming the Coin of the Corporate Realm

As we await the SEC’s final decision on climate disclosures, companies will continue to gather and report data related to environment, social and governance programs. ESG columnist John Peiserich explores the main drivers of pre-regulatory ESG reporting. ESG data collecting and reporting is among the fastest changing, most highly watched and most complicated corporate obligations today. Interestingly, in the United...

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You’ve Brought a Diverse Team to the Table. Now What?

Companies large and small are expected to deepen their focus on diversity, equity and inclusion (DEI) programs over the next several years. But as Janet M. Stovall and Evynn McFalls of NeuroLeadership Institute explain, going beyond lip service means committing to constant improvement efforts. Several months after a splashy public announcement about advancing diversity, equity and inclusion, a company promoted...

The 1-Day CFO: A Lesson in the Danger of Shoddy Due Diligence at the Executive Level

The 1-Day CFO: A Lesson in the Danger of Shoddy Due Diligence at the Executive Level

As Moderna’s CFO-for-a-day gaffe illustrates, effective due diligence is equivalent to regular preventive care, something you’d think a pharma giant might understand. But as due diligence and risk management expert Candice Tal discusses, some companies are still unaware of the danger inherent in not digging deep enough, especially when it comes to high-profile positions. The day after Jorge Gomez joined...

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Where We’ve Been and Where We’re Going: Antitrust Law Updates and Their Reporting Obligations

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) governs the timing of mergers, acquisitions and other transactions — and failure to comply can carry significant penalties. But firms and advisers should be aware of a raft of recent changes, which Nelson Mullins partner Carrie Hanger and her co-authors explore. The HSR Act governs the time for all closings for...

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Executive Digital Hygiene: The Threat Is Coming From Inside the C-Suite

 “Alexa, how many execs and board members of U.S. companies have unsecured home networks and open ports on public IP addresses?” The answer is: way too many. Experts warn that the modern attack surface has expanded, and board members’ homes are now the soft underbelly of enterprise security. Ignorance or negligence relating to securing today’s connected homes is creating substantial...

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Global Insurer Warns Businesses That Current Events Could Be Catalyst for Civil Unrest

As the state of public discourse could become a flashpoint for demonstrations and dissent, differentiating between peaceful protests and violent public disturbances is vital. Businesses should prepare for a rise in strikes, riots, violent protests and other civil unrest as the cost-of-living crisis follows hard on the heels of the Covid pandemic, according to Allianz Global Corporate & Specialty (AGCS)....

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Incoming ESG Regulatory Requirements: Why It’s About Strategy First, Metrics Second

Advice on preparing for ESG reporting: don’t move too fast. But also, don’t move too slowly. As regulators raise the bar, contemplating compliance with climate disclosures creates anxiety. As the public consultation season officially begins, businesses around the world are watching with anticipation as governments ramp up their ESG disclosure rules. This time, it’s not a matter of giving feedback...

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‘Interlocking Boards’ Likely Targets of Increased Antitrust Investigations

Though not illegal (and rarely challenged), board interlocks at companies of all sizes now face almost certain scrutiny from an administration clearly serious about combatting market abuse and concentration of power. In opening remarks given before the 2022 Spring Enforcers Summit, Assistant Attorney General Jonathan Kanter revealed that the DOJ's Antitrust Division is increasing its efforts to enforce alleged violations...

Department of Justice

DOJ is Using Existing Antitrust Law in Aggressive and Unconventional Ways. Compliance and the Board Should Take Stock.

Recent aggressive antitrust enforcement activity from the DOJ warrants re-evaluating whether existing corporate compliance programs adequately address organizational and individual antitrust risk. In particular, the DOJ is focusing more acutely on wages, wage fixing, non-compete agreements and related HR issues. These developments will require substantial engagement by the full compliance committee, including the chief legal officer and chief compliance officer,...

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Best Way to Navigate the Climate Disclosures Movement? Listen to the Institutional Investors Driving the Conversation.

Intense focus on the environmental prong of ESG is being driven by a constellation of private actors. Institutional investors, in particular, are making their voices heard through the 2022 proxy season by urging companies to demonstrate meaningful progress on climate and environmental sustainability. And in fact, many companies are already doing so in an effort to distinguish themselves in the...

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