
Are You At Risk for Increasing Traceability Fraud/Liability? Forensic Data of Material Origin May Offer a Solution
Ed. note: Today’s guest blog is from Oli Cock, Commercial Director for Oritain – a world leader in using forensic science to trace the origin of products. Oritain works with companies across the fashion, food and pharmaceutical industries to provide...

Carbon Math Isn’t All The Same in the Investment World
Usually math is math. But this isn’t necessarily the case when it comes to how the investment sector considers carbon reduction metrics. Bloomberg recently wrote: The Net Zero Asset Managers initiative, which represents firms with $61 trillion of assets, allows members to choose...

Compliance Professionals Have a Key Role in Human Rights in Supply Chains
A new article from Lisa Beth Lentini Walker, CEO of Lumen Worldwide Endeavors, reminds us of the importance of human rights in supply chains even in this period of global economic uncertainty. Lisa Beth quotes PracticalESG.com Advisory Board member Doug...

Recession Ahead? How Companies Can Protect DEI Gains in Volatile Economic Times
The spotlight on DEI initiatives has been very strong during the past several years. Worker demographics and shifting work models have contributed to the momentum. That includes the growth in the number of American adults who identify as LGBTQIA+ —...

Client Earth Joins US PIRG in DC Natural Gas Greenwashing Lawsuit
On July 28, environmental advocacy group Client Earth and the US PIRG Education Fund brought a lawsuit against Washington Gas Light Company (WGL) alleging false advertising and greenwashing for claims appearing on customer bills and WGL’s website that tout the...

Climate Impacts Remain a Concern with Cryptocurrency
As if cryptocurrency didn’t have enough associated controversy and risk, the European Central Bank (ECB) reminded us that: The functioning of certain crypto-assets (like bitcoin) uses a disproportionate amount of energy that clashes with public and private environmental policies and...

Only Two Months Away – Essential Guidance at the “1st Annual Practical ESG Conference”
Our 1st Annual Practical ESG Conference is coming up quickly – and you can still register to join us virtually on October 11th! Our agenda will set you up for success on critical topics that ESG practitioners & advisors are...

New Guidance on Innovation in Managing Slavery Risk
Last week, the United States government issued its annual Trafficking in Persons (TIP) report. This report forms the basis of U.S. policy with other countries on human trafficking, and includes a country-by-country assessment of anti-trafficking efforts. The assessment uses a four-tier...

Quick Hits: ESG Assurance Increasing
From Inside Public Accounting, an update on the rise in ESG assurance: The number of global companies obtaining independent assurance on their environmental, social and governance (ESG) information increased from 51% in 2019 to 58% in 2020, according to new data from...

How Companies Can Think Ahead Amidst Changing Gender Norms
LGBTQ issues continue to be in the spotlight for companies that are looking to build inclusive environments and navigate evolving disclosure expectations. With more Americans identifying as LGBTQ, and the lines between work and home becoming more and more blurred...

Fashion Icons Miss on ESG and Face the Music
Two interesting ESG items from the fashion world popped up recently. The BBC reported that the UK’s competition oversight agency the Competition and Markets Authority (CMA)is investigating Asos, Boohoo and Asda over claims about the sustainability of their products. Concerns...

SEC Commissioners Peirce and Uyeda on FASB’s Plans for Sustainability Accounting
Commissioners Peirce and Uyeda recently commented on the May 2022 Strategic Plan Draft for Public Comment (“Draft Plan”) of the Financial Accounting Foundation (“FAF”) – the independent organization responsible for the oversight, administration, financing, and appointment of the Financial Accounting...

ESG Fraud: Forewarned Is Forearmed
ESG is a broad discipline and the opportunities for fraud are widespread. Lawrence blogged last month about guidance from the Association of Certified Fraud Examiners that explains how anti-fraud practitioners are identifying and protecting against schemes and bad data. He’s...

Newly Effective Education Laws Will Impact Your LGBTQIA Employees
Last month, I wrote about Florida’s Stop Woke Act – which limits what DEI training companies with employees in Florida can roll out. On the heels of that comes the “Parental Rights in Education Law” in Florida – commonly referred...

Updates on Forced Labor in the Xinjiang Uyghur Autonomous Region and US Action
Last week, the U.S. Department of State, the U.S. Department of the Treasury, the U.S. Department of Commerce, the U.S. Department of Homeland Security (DHS), the Office of the U.S. Trade Representative, and the U.S. Department of Labor updated their...

Getting an Eye Exam for Carbon Management Myopia
In the context of current GHG/carbon emissions disclosure and management trends, many companies tend to be short sighted. This is rather ironic given the long term risk and solutions. I said in Killing Sustainability: Many, if not most, of the...
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Private SMEs and ESG
How are private SMEs thinking about ESG disclosures when the same ‘pressures’ from investors, or public markets or regulators may not be as pressing and given size/limited resources/other priorities figuring out what to focus on can be more challenging. What frameworks are companies using? How are they choosing what to prioritize vs. not?
06/7/2022, Question #9845
Sustainability report as additional soliciting material?
Pubco plans to send a copy of its 2021 sustainability (ESG) report to its stockholders with its proxy statement and annual report. The sustainability report is a stand-alone document discussing ESG matters that is posted on pubco’s website, and does not reference the annual meeting or the solicitation of proxies. Do you think the sustainability report would be considered additional soliciting material under Reg. 14A (and thus need to be filed with the SEC)? The definition of “solicitation” under Rule 14a-1 picks ups “communications to security holders under circumstances reasonably calculated to result in the procurement, withholding or revocation of a proxy.” The sustainability report itself does not purport to solicit proxies – I guess the real question is whether its delivery with the proxy materials creates enough of an implication to bring it within the rule.
If considered proxy materials, does it need to be posted on the company’s notice & access website that will have the proxy statement and annual report?
Thank you!
03/10/2022, Question #8175
Climate Transition and Risk
What do “climate transition” and “transition risk” mean?
03/2/2022, Question #7953
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