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Weekly Roundup: November 10-16, 2023

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, November 17, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of November 10-16, 2023 The California Effect: Visionary Climate Disclosure Laws Will Have FarReaching Impact Posted by Matthew H.

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New edition of the International Valuation Standards (IVS) published

IVSC

These significant improvements follow an extensive public consultation in 2023 and ensure that the standards remain relevant and supportive for all stakeholders in the valuation process. Some of the key changes are set out below. ESG factors Expanded consideration of ESG factors in valuations, including a dedicated appendix.

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ESG Investing Clearly Serves Pecuniary Interests

Reynolds Holding

It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal. [1] It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal. [1]

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Shearman & Sterling Discusses Personal Liability in UK of Directors for Climate Strategy

Reynolds Holding

In a potentially precedent-setting case, 11 directors of global energy company Shell Plc (formerly Royal Dutch Shell Plc) [1] are being sued in their personal capacity over the company’s energy transition strategy. It follows the May 2021 ruling of the District Court of The Hague in Milieudefensie et al.

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New California Legislation Would Be a Major Step Forward for Climate Disclosure

Reynolds Holding

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 4] The new corporate climate disclosure bills may well continue that tradition.

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Sullivan & Cromwell Discusses the Implications for Financial Institutions of Proposed SEC Climate Disclosure Rules

Reynolds Holding

Voluntary climate-related transition plans, targets and goals, which many financial institutions have adopted or set, would also need to be disclosed under the proposed rules. In addition, financial institutions will need to consider their obligations under certain state, federal and non-U.S. BACKGROUND.

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Milbank Discusses Universal Proxy and “Horizontal” Conflicts

Reynolds Holding

The current disclosure obligations set forth in the Schedule 14A form of proxy statement are designed almost exclusively to elicit disclosure from a nominating corporation, not a nominating stockholder. [2] Second, the new rule eliminates the need for activists to mail their own proxy card.