TheCorporateCounsel.net

September 1, 2022

ESG: Considerations for Public Companies

If you’re searching for a resource to help bring a new public company director or officer up to speed on ESG issues and the expectations of various constituencies, this Goodwin presentation may be just what you’re looking for.  It provides an overview of the current ESG environment, addressing topics that include who’s driving the emphasis on ESG, legal & regulatory developments, fiduciary duties, ESG disclosures, proxy season highlights, investor and proxy advisor perspectives, and ESG & executive comp. It closes with a discussion of what companies should do now. Here’s an excerpt from that part of the presentation:

– Ensure the board is receiving the information it needs to meet its fiduciary duties by providing the board with information about material ESG risks and opportunities
– Assess what systems and controls may be needed so that the appropriate legal and compliance monitoring systems are in place to manage ESG risks
– Tailor ESG disclosures to provide the information sought by investors and to align with investor-favored ESG rating and reporting frameworks
– Review disclosure controls and procedures to ensure ESG disclosures are subject to appropriate review, especially when such disclosures appear in SEC filings
– Consider whether ESG factors should be part of executive compensation measures in order to incentivize proper management of ESG risks and opportunities

John Jenkins