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Consumer and employee activism and political pressure at both the global and national levels were combining to force ESG (Environmental, Social and Governance) issues to the top of the board’s and management’s agenda. Having a clear corporate purpose was becoming essential. On 15 April 2021, partners from across Baker McKenzie recrded a webinar on ESG and Litigation Risks, as part of the Demystifying ESG Webinar Series.

The UK Supreme Court has confirmed that Asda retail employees (who are nearly all women) can continue their claim for equal pay as compared to Asda’s distribution centre employees (who are nearly all men). The fact that they worked exclusively at different sites did not prevent the comparison. The decision removes one potential hurdle for claimants in equal pay litigation.

Sustainable Finance as a trend and financing option has grown exponentially and shows no signs of slowing down. In this series of short podcasts, our ESG Debt & Equity experts discuss key tips and things you should you when considering raising sustainable finance, including the ever-evolving legal and regulatory requirements…

Investors increasingly are directing capital to sustainable investment strategies that reflect environmental, social and governance (ESG) factors. This substantial growth in ESG investing is occurring against the backdrop of an evolving regulatory environment, with different US regulators, such as the Securities and Exchange Commission (SEC) and the Department of Labor (DOL) taking divergent approaches. Given that climate change and racial equality have been identified as key priorities for the Biden administration, we expect a significant shift in the US regulatory approach to ESG, although it may take some time for that regulatory framework to emerge. Meanwhile, the SEC Examination and Enforcement Staff will likely focus their efforts on identifying what they view to be inaccurate or incomplete disclosure on ESG-related issues, and on misconduct involving the management and sale of ESG investment products by asset managers and financial intermediaries.