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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

In 2015 and 2019, BP passed proposals requiring the company to report on certain climate-related metrics. Those proposals were broadly supported by management and shareholders alike. Now, citing the changing regulatory landscape, the energy giant is advancing a resolution to nullify those obligations. The company announced its intention to vote on this resolution at its upcoming annual general meeting. Not all shareholders are happy with the change. A group of investors led by Follow This attempted to advance a counter-proposal requiring the continued disclosure of climate information. BP refused to include that proposal, teeing up a potential legal battle. Follow This argues for the importance of climate disclosures in a letter to BP, stating:

“Our resolution requested disclosure that is material to any assessment of BP’s strategy, resilience, and long-term value. The issues this resolution raises extend beyond BP alone. As diversified, long-term investors, our returns are driven primarily by the stability of the broader economy, and unmanaged transition risks in the energy system pose material threats to portfolio-wide value. Transparent disclosure of how BP would navigate declining demand scenarios is therefore essential not only for assessing company-level resilience, but also for understanding risks to shareholders’ diversified holdings.”

Support for climate-related shareholder proposals in the US is down substantially. The outcome of this shareholder action may indicate if a similar trend holds in the UK.

Our members can learn more about ESG shareholder engagement here.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile