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Environmental, Social and Governance (ESG) practices aren't new. Over the last decade, commercial real estate players have increasingly considered the environment and sustainability when underwriting investments and operating properties, but the pandemic has catalyzed rapid growth in ESG adoption. In 2020, public funds, private equity firms, high net worth investors and nonprofit companies aggressively increased ESG commitments, and many are acknowledging the critical role that ESG practices will play in the future of real estate investment.
The pandemic pushed ESG policy and practices into the spotlight. According to research from JLL, mutual funds and EFTs invested $288 billion globally in sustainable assets from January through November 2020, a 96% increase over 2019. The UN also noted that corporate net-zero pledges increased three-fold year-over-year.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article explores legal developments over the past year that may impact compliance officer personal liability.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.