NOTICE: No CLE credit will be provided for viewing recorded programs.
4/27/2023 | 12:00 PM to 1:30 PM
Location: Columbia C, Level 3
This program will address how to reconcile evolving and conflicting domestic and international legislation and litigation regarding disclosure of DEI; greenhouse gas emissions and reduction targets; and other environmental, social, and governance related initiatives (such as mandatory human rights due diligence) including the backlash to ESG on both political and shareholder primacy grounds. Reconciling "anti-woke" divestiture by a number of states and questions regarding the designation of sustainable or "ESG" assets will also be discussed.
Chair:
Susan Maslow, Partner, Antheil Maslow & MacMinn LLP, Doyelestown, PA
Program Materials Coordinator:
Susan Maslow, Partner, Antheil Maslow & MacMinn LLP, Doyelestown, PA
Moderator
Michael Arnold
Partner
Cravath, Swaine & Moore LLP
New York, NY
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Michael L. Arnold is a member of Cravath's Corporate Governance and Board Advisory practice. Mr. Arnold counsels clients with respect to their most sensitive and highest‑risk matters, advising boards of directors and senior management on a broad range of corporate governance, public reporting, disclosure and compliance matters, including in connection with restatements and other financial crises, as well as cybersecurity incidents. He also advises companies on matters relating to Environmental, Social and Governance (ESG) issues, particularly with respect to investor engagement, reporting requirements and ESG‑related governance processes.
Panelists
Gillian Andrews
Associate
Heyman Enerio Gattuso & Hirzel LLP
Wilmington, DE
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Gillian L. Andrews, an associate attorney at Heyman Enerio Gattuso & Hirzel LLP, practices in the areas of corporate and commercial litigation in the Delaware Court of Chancery. Her practice includes negotiating and litigating stockholder Section 220 demands, stockholder class action and derivative suits involving mergers and acquisitions, matters involving corporate governance, control disputes, officer and director fiduciary obligations, advancement and indemnity, fraud, contract and other corporate disputes and investigations. Ms. Andrews routinely practices in the Delaware Court of Chancery, as well as the Delaware Superior Court and the United States District Court for the District of Delaware.
Paul Atkins
Chief Executive Officer
Patomak Global Partners
Washington, DC
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Paul Atkins is CEO of Patomak Global Partners, leading client work for financial services firms regarding business strategy, regulatory compliance, and litigation support. Before founding Patomak, Mr. Atkins served from 2002-08 as SEC Commissioner and from 1990-94 as chief of staff and counsellor to SEC Chairmen Richard C. Breeden and Arthur Levitt, respectively. In private practice, Mr. Atkins was a partner of PricewaterhouseCoopers and began his career as a lawyer in New York and Paris with Davis Polk & Wardwell. Mr. Atkins received his J.D. from Vanderbilt University School of Law and his A.B. from Wofford College.
Isa Mirza
Senior Advisor
Foley Hoag
Washington, DC
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Isa Mirza is a Senior Advisor in the Global Business and Human Rights practice at the Washington, D.C. office of Foley Hoag. He has extensive experience advising a wide range of clients on human rights responsibilities under international frameworks, most notably the International Bill of Rights and the U.N. Guiding Principles on Business and Human Rights. Isa has conducted dozens of human rights due diligence projects, serving recently as co-author of a Human Rights Impact Assessment of discriminatory and violence-inciting speech on Facebook’s platforms in India, and a forthcoming HRIA on responsible use of Microsoft technologies by law enforcement.
Showcase CLE Program: The ESG Backlash: Politics and Shareholder Primacy
Type of Session
CLE Program
Description
Session will open 5 mins before the start time. Please refresh your page if you don't see the blue Join Meeting button above.
CLE Program Level: Mid-level
Presented By: The Business Law Section
Co-sponsoring Committee(s): Corporate Counsel, Corporate Governance, Corporate Social Responsibility Law, Director and Officer Liability, Diversity, Equity, and Inclusion, Environmental, Federal Regulation of Securities, Institutional Investors, International Business Law, International Coordinating