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The ESG Report

The SEC and ESG with Karen Woody


 
Tom Fox welcomes Karen Woody, Assistant Professor of Law at Washington and Lee University and “uber SEC watcher”, to this week’s episode of the ESG Report. They have an engaging discussion about how the SEC views its role in advancing ESG, and how ESG can impact potential investment opportunities.
 

 
Pushing ESG Forward
The SEC is driving the conversation on ESG disclosures, Karen tells Tom. Their new reporting guidelines on climate risk will be out soon, and they believe there should be more robust reporting in other ESG areas as well. Corporate America should not be surprised, Karen says, as “there’s a very clear link between climate risk and even investor risk and financial risk…” Better reporting will ensure that investors have a better understanding of their investment risk.
 
ESG Overlap
The Exxon shareholder revolt is a great example of how environmental and governance issues can overlap. This case, Karen remarks, “says a lot about governance and activists and the power you can have with what was a very small sliver of control.” Another area of overlap is between social and governance, especially regarding compensation. “It’s an interesting time to be watching this field because it hits on every aspect of life in some ways,” Karen comments. Investors are increasingly looking at ESG as a material factor in deciding where they want to invest.
 
Part of the Total Mix
More investors see ESG as part of the total mix when deciding if an investment is sound. Karen believes that the SEC will move towards more robust ESG reporting standards, but these will be qualitative rather than quantitative. They’re also becoming more strict about enforcement, she tells Tom. Tom asks her to contrast the difference in approach toward ESG between the Trump and Biden administrations. She responds that the ESG is more of a priority under Biden and explains how the SEC is helping to further that agenda.
 
Resources
Karen Woody on LinkedIn | Twitter | Washington and Lee University of Law
 
 

Categories
The ESG Report

How Are You Managing ESG Risk? – with Laura Tulchin


Laura Tulchin is ESG Solutions Lead at Exiger. Her role involves ensuring that the company’s products and services provide comprehensive coverage of ESG risk. She tells Tom Fox that more and more companies are focusing on ESG as part of their mainstream risk management programs. She joins Tom in this episode of the ESG Report to talk about doing ESG right by managing risk and value generation.

Getting ESG Right
“Where we get ESG right, we have the potential to have decades of positive impact on the world around us,” Laura tells Tom. ESG is having a moment now, she says, so now is the time to take the steps necessary to move the industry forward. Getting that right will have a lasting impact. She and Tom discuss global and local advancements in ESG regulations. US regulators are getting serious about ESG, Laura says. She talks about the SEC Enforcement Task Force as well as the ESG Disclosure and Simplification Act. This demonstrates that regulators want companies to back up their ESG claims with real data. 
The Need for Standardization
There are multiple ESG reporting mechanisms existing today, Laura tells Tom. This causes fragmentation and is costly and ineffective. Also, she argues, it “allows companies to choose the reporting standard that might make them look the best from an ESG perspective.” For this reason, five of the leading standards setters have agreed to work together on a comprehensive standardized ESG reporting system. She acknowledges that no one system will perfectly cover every ESG situation, but standardization is an important first step. Tom asks why she thinks companies are pushing back against standardization. They’re mostly worried about the legal ramifications, she responds. “ESG is so impactful,” she remarks, “that if we don’t have a single benchmark it makes it really difficult for consumers, for investors, for risk managers, for compliance people to really understand ESG risks as well as the potential for ESG value generation.” Ultimately, ESG risk needs to be balanced with ESG performance to measure net impact, Laura says. That’s where the industry is going.
 
The G in ESG
Tom asks Laura to share her thoughts on the recent Exxon case. Should there be more focus on the G in ESG? “Good governance should ultimately lead to strong environmental practices and strong social engagement,” Laura agrees. The Exxon case demonstrates that going forward, companies need to engage shareholders and stakeholders, even though their views on ESG issues may be different. These changes are here to stay, she argues. Forward-thinking companies will try to understand ESG net impact and craft programs that respond to these types of actions.
 
Resources
Laura Tulchin on LinkedIn
Exiger on Website | LinkedIn
 
 

Categories
The ESG Report

ESG For the Long Term with Lawrence Heim


 
Lawrence Heim, the editor of PracticalESG.com, has been working in environmental sustainability for over 30 years, moving from one area of the industry to another and developing a deep knowledge of the space. PracticalESG.com is designed to help professionals approach program development, program implementation and disclosure, as well as understanding the basics from a practical point of view. He and Tom discuss how legal work led to a passion for ESG, and the HBR paper that changed his whole way of thinking. (Green and Competitive) It was in the late 80’s and early 90’s that meaningful linkages between environmental management and business value started to be made, and that is where today’s guest found his stride in the industry.
 

 
A Risk Management Focus
Tom asked how Lawrence’s experience has helped him create a risk management focus on ESG. Lawrence explains how he didn’t know a thing about what risk management really was. Even today, he is of the opinion that most people don’t really understand what risk is. It’s critical that ESG professionals discuss and work alongside traditional risk management folks, or different terms, definitions, and benchmarks are going to be in play, which is really ESG shooting itself in the foot in terms of credibility.
Changes over the Pandemic
Tom points out that the pandemic has really focused attention on supply chains and procurement, and the importance of responsible sourcing. Lawrence explains how this has been an evolution over time, starting in the garment and textile sectors, and how public as well as corporate awareness started to shift the needle. The Rana Plaza incident, and the rulings around conflict minerals have really advanced the conversation. They also discuss what changes have happened internally in organizations over the pandemic – particularly the impact on how companies are treating employees.
Too Much Information
Getting started in ESG can be overwhelming because there is a huge amount of information, much of it conflicting. Lawrence recommends that people just begin reading and learning, but remaining skeptical, and being on the lookout for contradictory information. Learning which sources you can trust, and which have the best reputation takes time, but if you start broad, and remain skeptical, you will start to gain a full understanding.
Long Term ESG Strategy
Lawrence gives his thoughts and predictions about what the coming years will mean for ESG – he posits that ESG is going to become fully integrated in organizations, rather than a standalone issue. He further posits that if companies aren’t considering water use and availability now, they should be.
Resources
Lawrence Heim: LinkedIn | PracticalESG.Com | Lheim@Ccorp.com 
Green and Competitive – HBR Article
Killing Sustainability
 
 

Categories
The ESG Report

ESG: Opportunities and Risk: a Conversation with Trysha Daskam


 
Introducing The ESG Report with Tom Fox 
ESG has exploded into compliance and business consciousness in 2021, so as a compliance industry professional, you need to be up to date. To open up the show, Tom Fox is speaking with Trysha Daskam, the Head of ESG Strategy at Silver, a premier provider of regulatory compliance, ESG and due diligence advisory services to the investment management industry. She and Tom are talking about regulatory shifts, the G7, trends in reporting and key risk areas.
 

 
Trends and Shifts at Home and Abroad
Trysha talks about how ESG stakeholders in the states have been paying close attention to what is happening in the EU, and specifically regulations that are coming out of the European Commission. She talks about what they mean for American companies and other entities. Investors are very interested in the indirect impacts from what is happening across the pond. She goes on to talk about the first ESG alert that is identifying the riskiest practices in the space.  
The G7 Summit
The early focus of ESG was on the link between environmental and investment risk, but it is much broader now. Tom and Trysha discuss the climate conversation, the focus of the Biden administration, and the different governmental and other bodies involved in it.  Of particular interest is the strong stance the G7 leaders took on the Task Force on Climate Related Financial Disclosure. 
The Business Case for ESG Analysis
Tom and Trysha talk about the portfolio of ESG risks, and how there was a shift from looking at it as primarily environmental to a much broader spectrum of risk. There are hundreds of factors that fall under the ESG profile, and investment managers are looking at them to fully understand the benefits and risks of different opportunities. A strong focus on governance has been a hallmark of being a manager to other people’s assets. Trysha shares an example about Exxon Mobile, and their lack of transparency about risk in the Gulf Coast. 
Resources:
Silver Regulatory Associates
How EU Climate Regulations May Affect US Private Fund Managers
 
 

Categories
Compliance Into the Weeds

Compliance and ESG


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week Matt and Tom take a deep dive into the role(s) of compliance for ESG. Some of the issues we consider are:

  • How compliance is most suited to lead a corporate ESG effort.
  • Why compliance must do so or be relegated to a technical function?
  • How does government, the courts and investors drive ESG?
  • What is the role in asymmetrical regulations in driving ESG?
  • Why was last week such a wakeup call for corporations around ESG? 

Resources
Matt in Radical Compliance
Resources to Assess ESG Materiality
Tom in the FCPA Compliance and Ethics Blog
The Role of Compliance in ESG
Leading the ESG Effort-Steps for Compliance
Compliance, Data Analytics and ESG

Categories
Coffee and Regs

ESG and the Impact of the EU SFDR on U.S. Asset Managers

ESG and the Impact of the EU SFDR on U.S. Asset Managers

 
In this episode, CSS’s Head of ESG Marye Cherry sits down with corporate attorney at Scale LLP, Adam Johnson to discuss the evolving ESG landscape from the U.S. perspective, including the impact of the EU SFDR on U.S. asset managers and the U.S. regulatory position on ESG.

 

About Our Guest Speakers:

Marye Cherry is the EU Regulatory Counsel and Head of ESG at Compliance Solutions Strategies (CSS). With more than 10 years of legal and compliance experience, Marye specializes in transparency and regulatory reporting issues in the financial services industry, including sensitive industries and ESG. At CSS, Marye focuses on European financial regulations that affect fund managers’ operations worldwide and helps translate those requirements into automated reporting solutions.
 
 



Adam Johnson advises individuals and institutions on investment and corporate law. He has more than twenty years of experience working with clients around the world on public and private investment vehicles, financial marketing and distribution, regulatory and governance issues, and capital markets transactions. He has worked with professional asset managers, high net worth individuals, and corporations in the public and private equity markets. He helps clients strategize on business development, negotiate complex agreements, navigate changing regulatory frameworks, address compliance obligations, and find efficient operational solutions. Working as both outside and in-house counsel, he has helped companies around the world meet their strategic business, corporate governance, and regulatory compliance challenges. Prior to Scale LLP, Adam advised business heads and senior management as a leader in the legal departments of publicly listed investment management firms. He has lived and worked in Asia and is proficient in Mandarin Chinese.

 
 

Categories
FCPA Compliance Report

Laura Tulchin on the Year Everything Changed


In this Episode of the FCPA Compliance Report, I am joined by Laura Tulchin, Director at Exiger. We take a deep dive into ESG and compliance, both now and in the future in a fascinating episode about 2020, the year everything changed.  Highlights of this podcast include:

  1. Why has ESG become such an important topic?
  2. What does ESG mean?
  3. Why should ESG be headed by the CCO and compliance?
  4.  How does ‘Hearts and Minds’ apply to ESG?
  5. What risk management tools can facilitate ESG?
  6. What do compliance professionals and companies need to be focusing on down the road regarding ESG?

Resources 
Laura Tulchin on LinkedIn

Categories
FCPA Compliance Report

Bryan Sillaman on the Intersection of Compliance, ESG and Clean Energy


In the Episode, HughesHubbard partner Bryan Sillaman returns to discuss how a compliance professional can think through setting up an ESG program and clean energy issues. Highlights include:

  1. What are the 5 Steps to Establishing a Corporate ESG Policy.
  2. What is the role of corporation compliance in a company ESG policy?
  3. What is the role of compliance in a clean energy discussion as so critical and how does it relate to a greater ESG discussion?
  4. What are some of the key compliance risks relevant to the clean and renewables sector?
  5. Where do you see these issues under the Biden Administration? Is it different in the EU?

Recourses
Keeping the ‘Clean’ in Clean Energy by Bryan Sillaman 
Five Steps for PE Sponsors to Establish ESG Policies at Their Portfolio Companies to Suit the Present Moment by Bryan Sillaman and Alexandra Poe

Categories
Compliance and Coronavirus

Jared Connors on Supply Chain During Coronavirus


Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by Jared Connor, Subject Matter Expert on CSR for Assent Compliance. We discuss how expectations of compliance will continue during this health crisis.
This year marks the transition period as companies prepare for expanded Responsible Minerals initiative. While key events that were scheduled for this spring have now been cancelled, that does not mean that Responsible Minerals reporting expectations are going away.  How can companies understand these changes in reporting and enhanced due diligence expectations without the education and key stakeholder engagement these events provide?  The winter of 2021 may well have companies all over the globe scrambling to play catch up and taking some all too costly reputational hits in the market.
This podcast is sponsored by SAI Global. To learn how you can protect your business operations and workforce during these uncertain times, visit saiglobal.com/risk for free resources, expert guidance, and industry-leading technology.

Categories
FCPA Compliance Report

The Refinitiv Sustainability Perspectives Podcast-ESG in 2020 and Beyond


I was recently interviewed on the Refinitiv Sustainability Perspectives Podcast, hosted by Keesa Schreane. I was joined by Charmian Simmons – Performance Director at Refinitiv, Business Development Risk Expert. We discuss ESG in 2020 and beyond together the California Consumer Privacy Act and its impact going forward.
It is always great to move to the other side of the mic. Keesa is a great host (I made her promise to come on one of my podcasts) and Charmian was excellent. We discussed a wide range of topics which every compliance practitioner needs to be cognizant of going forward. Three highlights were what’s coming in the nearest future, what are the best tools for compliance officers and which are the 3 key items to set the game in 2020?
The Refinitiv Sustainability Perspectives (RSP) is a thought-provoking podcast series where we explore the role of responsible leadership and innovation across diverse industries. From ESG investing, to sustainable finance and social impact in our communities, we’re on a journey to leverage data and intelligence to make better business decisions. Get to know the latest trends, discover best practices, and learn from industry leaders. The future is open. Join us as we move forward together to shape it.
I hope you will check it out. I am now a subscriber and you should be as well. To check it out, click here.