The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come. By Jean-Philippe Brisson, Paul A. Davies, Sarah E. Fortt, Julia A. Hatcher, Betty M. Huber, Robin M. Hulshizer, Michael Dreibelbis, Michael D. Green, Danny Dvorak, Brett Frazer, Austin J. Pierce, Angela Walker, and Jacqueline Y. Zhang On … Continue Reading
The Council’s position includes a number of differences from the European Commission’s original proposal, including in relation to the requirement to diligence the broader value chain. By Paul A. Davies, Michael D. Green, and James Bee On 30 November 2022, the European Council (the Council) — which comprises the views of the EU Member State governments … Continue Reading
The bill seeks to extend certain provisions of the Foreign Corrupt Practices Act. By Erin Brown Jones, Paul A. Davies, Nathan H. Seltzer, and James Bee The U.S. Congress continues to take interest in implementing legislation to curb alleged human rights abuses in the supply chain in China and elsewhere, as evidenced by two new … Continue Reading
In-scope companies would have to publicly identify “actual and potential” adverse impacts of their operations on the environment and/or human rights. By Paul A. Davies, Michael D. Green, and James Bee On 23 February 2022, the European Commission (the Commission) published a proposal for a Directive on Corporate Sustainability Due Diligence (the Directive). If approved, … Continue Reading
The law imposes mandatory human rights and environmental due diligence obligations on companies in Germany as of 1 January 2023. By Paul A. Davies, Stefan Bartz, and Alexander Wilhelm On 25 June 2021, the Bundesrat, the legislative chamber of the German Federal States, approved the Supply Chain Due Diligence Act (Lieferkettensorgfaltsgesetz). The law now only needs to … Continue Reading
A range of ESG policy, social, and technological developments are poised to impact companies and investors in the coming year. By Paul A. Davies, Nicola Higgs, Sophie Lamb QC, Ryan J. Maierson, Colleen C. Smith, Michael D. Green, and Edward R. Kempson Despite concerns early in 2020 that the pandemic would impact the growth of … Continue Reading
The House of Lords has adopted two amendments to require assessment of compliance with international agreements and human rights. By Paul A. Davies and Michael D. Green On 7 December 2020, the UK House of Lords voted on and passed four amendments to the Trade Bill (the Bill), including two amendments referring to human rights … Continue Reading
Companies are under increasing pressure to closely manage their supply chains, including providing more transparency on financing strategies and improving workers’ rights. By Paul A. Davies, Ryan J. Maierson, Colleen C. Smith, and Kristina S. Wyatt The year 2020, with all of its tumult and tragedy, has challenged the relationship between companies and supply chains. … Continue Reading
The proposed initiative would embed sustainability in companies’ corporate governance frameworks and their business strategies. By Paul A. Davies and Michael D. Green On 26 October 2020, the European Commission (the Commission) launched a public consultation on a proposed sustainable corporate governance framework. The Commission is seeking views from a broad range of stakeholders, including, … Continue Reading
Consultations are underway on a proposed law to prohibit large UK businesses from using products sourced from illegally deforested lands. By Paul A. Davies and Michael D. Green On 25 August 2020, the Department for Environment, Food and Rural Affairs (Defra) launched a consultation on a new law aimed at preventing large companies from using … Continue Reading
The guidance contains practical advice for navigating ESG diligence and compliance. By James R. Barrett, Paul A. Davies, Michael D. Green, Bobbi-Jo B. Dobush, and Jacqueline J. Yap* On June 19, 2020, the Equator Principles Association (EPA) issued Guidance on Implementation of the Equator Principles During the Covid-19 Pandemic, as prepared by Ramboll (Guidance). The … Continue Reading
The initiative has the potential to significantly extend liability for certain Swiss companies in relation to abuses of human and environmental rights. By Paul A. Davies and Michael D. Green Since 1891, Swiss citizens have been able to request changes to the Swiss constitution through popular initiatives. Currently, if an initiative is put forward by … Continue Reading
Supply chain risk management and assurance are critical to identify and reduce risks and protect companies from legal and reputational harm. By Sara K. Orr, Kristina S. Wyatt, and Julia S. Waterhous Potential environmental, social, and governance (ESG) issues posed by suppliers in increasingly complex supply chains can increase reputational risks to an organization. Corporate … Continue Reading
