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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

Last week, Liz blogged about the possibility that this coming proxy season could see an increase in shareholder proposals for racial equity audits. She noted:

These proposals typically ask companies to conduct and publish a third-party review of the racial impact of their policies, practices, products and services… well-known shareholder activism firm Olshan predicts that shareholder and stakeholder interest in racial equity initiatives will continue to grow. It suggests that companies conduct take a look at their equity & inclusion practices and policies in order to self-identify areas in need of improvement. (This vulnerability assessment would probably best be done with the help of an employment lawyer and with attorney-client privilege.)

While this wasn’t specifically discussed during CCRCorp’s Proxy Disclosure Conference Wednesday and Thursday, a couple speakers did mention that quantitative disclosures on employee demographics could be quite valuable, especially in the context of executive compensation. That kind of metric lends itself to an audit.

Whether we see specific proposals for racial equity audits for disclosure, or a push for them indirectly to support compensation metrics – I think Liz is right.

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The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile