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Corporate ESG Integration Not Optional
Corporate ESG (environmental, social and governance) integration is becoming less optional every day, driven by increasing regulation, investor demand and the recent embrace of stakeholder capitalism. Headline announcements — such as GM's 2035 target for manufacturing only electric vehicles and the U.S. government's goal to replace its entire fleet with electric cars and trucks — do not tell the whole story.
The new EU Taxonomy Regulation, 2020 O.J. (L 198) 13, mandates what financial market participants and operating companies must address if they wish to make claims of taxonomy compliance, with a scheme largely focused on disclosure, standardized subtopics within ESG, and alignment of practices with claims. Meanwhile, the global movement toward a uniform reporting framework remains uncertain despite the December 2020 merger of the Sustainability Accounting Standards Board (SASB) and the International Integrated Reporting Council (IIRC), and recent powerful endorsements of standards published by the Task Force on Climate-Related Financial Disclosures (TCFD) and the Global Reporting Initiative (GRI). In particular, the UK has announced its plans to adopt its own taxonomy and disclosure regulations, albeit also based on recommendations of the TCFD and the EU Taxonomy Regulation. In the United States, the Securities Exchange Commission (SEC) announced on March 4, 2021 the creation of a Climate and ESG Task Force within the Division of Enforcement, which will "develop initiatives to proactively identify ESG-related misconduct [and] … coordinate the effective use of Division resources, including through the use of sophisticated data analysis to mine and assess information across registrants, to identify potential violations."
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.