Federal corporate ESG-related disclosure rules are in flux, foreign laws impacting multinationals often differ from U.S. laws, state laws governing corporate behavior are in direct conflict with one another, and the rights of institutional shareholders are under attack. These have been growing challenges. Governance and ESG counsel will need to consider how they can confidently advise on an ever-moving target while helping to ensure adequate risk mitigation and avoiding misleading disclosure and/or material omissions.
