BLT: January 2015



Business & Corporate

Our Mini-Theme: Corporate Social Responsibility is Now Legal

Headlines are rife with firms that are “going green” and otherwise incorporating corporate social responsibility (CSR) into their business practices. Businesses are increasingly recognizing not only the tactical advantages of CSR, but are also treating it as a strategic priority critical to the future success of their enterprises. For example, KPMG has found that 83 percent of people surveyed trust a firm more if it is socially responsible. Investors are also responding to the changing marketplace, with one dollar out of every nine dollars under professional management in the United States now involving an element of “socially responsible investment.” In response, the Economist Intelligence Unit has found that CSR has risen sharply in global executives’ priorities. Yet until relatively recently, although many firms took advantage of tax-related and other marketplace incentives for greening their operations and supply chains, regulatory compliance was not high on the list of forces shaping the CSR movement. That is now changing.

Business & Corporate

Sustainability Reporting: The Lawyer’s Response

With ever-increasing frequency, clients are seeking advice about reporting and communication on sustainability issues. “What are we legally required to communicate?” “What are we permitted to communicate?” “What can or should we say to stay competitive, and protect business relationships, profitability, and our social license to operate?” This article will help lawyers understand and advise clients on their sustainability communications pressures and needs.

Business & Corporate

Investor Interest in Nonfinancial Information: What Lawyers Need to Know

More than ever before, investors want nonfinancial information from companies in making investment decisions, such as: what environmental, social, and governance risks does the company face? How is the company managing these risks? How is the company performing on corporate social responsibility and sustainability factors relative to its industry peers? This article addresses the growing interest of investors in nonfinancial information and implications for lawyers in advising their clients.


Business & Corporate

KEEPING CURRENT: Delaware Supreme Court Holds Secured Party Accountable for Filing of UCC Forms

A recent decision from the Delaware Supreme Court found that a filed UCC-3 termination statement was effective, notwithstanding the fact that the secured party drafted the UCC-3 by mistake and did not intend to terminate the underlying security interest. This case provides a cautionary lesson to secured lenders to prepare UCC forms with care and to document UCC filing authorizations more thoroughly.

Business & Corporate

MEMBER SPOTLIGHT: An Interview with Caroline D. Pham

Caroline D. Pham spent time in the nation’s capital gaining experience at financial regulators, including the U.S. Securities and Exchange Commission and the Office of the Comptroller of the Currency. Pham was also a Visiting Fellow at GW Law’s Center for Law, Economics and Finance, focusing on Dodd-Frank Act implementation and financial regulatory reform. She has lectured on Dodd-Frank Title VII reforms of the swaps market and causes of the financial crisis. Currently, Pham is a Director, Markets Regulatory Implementation at Citigroup Global Markets Inc.

Business & Corporate

Inside Business Law (Jan. 2015)

This month’s Inside Business Law highlights the Business Law Section’s latest book release, discusses the 2014 M&A Deal Points Studies, and reports on a Section member who has received one of Canada's highest civilian honors. We also cover the latest edition of The Business Lawyer, which has articles on the Supreme Court’s controversial Hobby Lobby decision, the rights and duties of blockholder directors, common qualifications to a remedies opinion in U.S. commercial loan transactions, and more. We close with a view of the latest survey by the Committee on Cyberspace Law in The Business Lawyer.