On January 17th, the U.S. Department of Justice (“DOJ”) announced significant revisions to its Corporate Enforcement Policy, adding more incentives to companies that self-report corporate criminal misconduct. (Theodore Chung, JDSupra). The change marks the third major update to the policy since October 2021 as the Biden Administration tries to find the right balance between the hardline approach to white collar crime taken under the Obama Administration and the lax approach taken by the Trump Administration…
Read MoreAfter almost fifty years since founding the company in 1973, Patagonia founder and majority owner, Yvon Chouinard, and his family have donated all of the voting stock and transferred all of non-voting stock of the company in the effort to mitigate climate change and protect the environment. (Martine Paris, Bloomberg Law). In this unconventional business decision, Chouinard divested control over Patagonia to a trust and all future profits to an environmental nonprofit. (Tima Bansal, Forbes). While Chouinard considered selling the company or taking it public, he decided that transferring ownership of Patagonia, valued at about $3 billion, was the only way to both preserve nature and his company’s values….
Read MoreA novel type of entity has emerged in the world of global finance. It is called a Decentralized Autonomous Organization (“DAO”) and it was created to offer several benefits over traditional corporate structures. DAO’s are digital organizations built on blockchain technology and managed by their members in a democratic voting environment, DAO’s reduce transactional costs by removing the need for third parties, and DAO’s spur innovation in small business by making access to banking and capital more equitable…
Read MoreOn March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”), proposed a new climate reporting rule to provide investors with more climate-related data to make informed investments. (SEC). The announcement of this proposal has been met with serious reservations by industry lobbyists and Republican politicians who view the regulation as outside of the SEC’s authority. Id. Notably, General Motors (“GM”) strongly objected to the proposal and sent their CEO to meet with members of the SEC. (SEC). While many organizations have voiced their criticisms of the proposal, whether the SEC will take heed of these objections has yet to be seen…
Read MoreIn light of recent events and social media exposing continued racial inequalities in the United States, social justice has become a topic at the forefront of discourse. Calls for change and acknowledgment of social justice issues have reached further into the corporate sphere with both the U.S. Securities and Exchange Commission (“SEC”) and shareholders alike demanding more accountability and transparency on the impact corporations have on racial inequalities. (U.S. Securities and Exchange Commission). Recently, Apple shareholders, against the Apple CEO’s recommendation, approved proposals for audits on the company’s civil-rights impact, including the company’s diversity, pay equity, and use of concealment clauses in employment agreements. (Gurman, Bloomberg Law). This recent push is one of many instances calling for similar corporate action and accountability across the board. (Maiden, Corporate Secretary). With recent SEC focus on social justice, new regulations and shareholder pressure, social justice is a topic corporations won’t be able to avoid much longer…
Read MoreThe National Football League (“NFL”) implemented the Rooney Rule for hiring head coaches in 2003. (Julie Goldsmith Reiser, Lori Nishiura Mackenzie, Bloomberg Law). The Rooney Rule requires any NFL franchise interviewing candidates for head coaching positions to interview at least one minority candidate or be subject to a $500,000 fine. Id. When the Rooney Rule was first implemented, it appeared to be successful in achieving its goal of increasing the number of diverse head coaches in the NFL. Id. However, statistics now show otherwise…
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