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The CCRcorp Network unlocks access to a world of insights, research, guides and information in a range of specialty areas.

Our Sites

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

As we continue to build our membership resources for PracticalESG.com (to be launched very soon), we wanted to give you a quick preview at something that is included with a subscription. As with other CCRcorp websites (TheCorporateCounsel.net, Section16.com, CompensationStandards.com and DealLawyers.com), we feature a Q&A Forum for members to submit questions to our network of experts. Our connections who work in this area have already been submitting queries! Here’s one that offers a preview of what will be available:

Question: Part of my company’s ESG program involves getting suppliers to do and report on things that are aligned with our ESG metrics.  We can’t control what our suppliers do or don’t do, especially for matters that don’t involve the products we purchase from them.  What are some ways to get our suppliers to cooperate with our information requests as well as making improvements?

Answer: This can be a delicate situation, especially for suppliers of critical components, materials or services where you have limited options for alternatives. Before demanding ESG information from suppliers, you should let them know in advance and explain why you are doing it. Keep the explanation simple and avoid buzzwords and acronyms, as English may be a second language to the recipients. Ensure you communicate the importance of this matter to your company yet maintain a cordial tone and cooperative attitude.  Given them reasonable timelines to respond. Offer to provide any clarifications they may need in meeting your request. More times than not, suppliers will be responsive – at least to some extent.

Where suppliers are unable or unwilling to be responsive, consider asking what the obstacle is for them. Distributors, for example, are in the difficult position of sitting in between your company and the manufacturer. They don’t have access to manufacturer’s ESG data to provide you and aren’t compensated for being an information clearinghouse.

In addressing uncooperative suppliers, there may be contract terms to fall back on to force compliance. Yet that may not guarantee conformance.

In the end, you may still not get all the information you need, or conformance from all suppliers.  In that case, you need to decide how to make use of what you have, and how/whether you want to enforce contract terms and make difficult decisions.

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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