Orrick, Herrington & Sutcliffe LLP’s Post

Exxon's proxy statement lawsuit may chill investor #ESG proposals, according to Labaton Keller Sucharow LLP's Domenico Minerva and James Fee. https://lnkd.in/esSsTERT "Exxon's action against its own shareholders has captured investors' attention, causing many to ponder its impact on shareholder proposals, especially for ESG. Indeed, the lawsuit highlights companies' growing willingness to intimidate shareholders from advancing ESG proposals; yet, Exxon's resolve to continue the lawsuit after the investors withdrew their proposal raises serious concerns for participation in the corporate governance process," they write in their latest #PERSist article. #publicpensions #NCPERS

New today - ExxonMobil's lawsuit to block a proxy resolution sidesteps the usual process before the U.S. Securities and Exchange Commission has activist investors worried it could set a precedent for other companies looking for a friendlier forum. Commissioner Mark Uyeda tells us that companies historically have viewed the SEC as fair but that "This perception may have changed due to recent policy changes" after a 2021 revamp. Stats from Gibson Dunn show that companies are filing fewer challenges at the SEC, but winning more often when they do file. Here's our look at this debate for Reuters News Agency with Jody Godoy - #esg #corpgov #shareholderactivism #agm https://lnkd.in/gYiWxPZJ

Proposed Illinois and New Mexico LCFS legislation saw some action this week. Read about it in Stillwater's latest LCFS Newsletter! #LCFS #IL_CTS #NM_CTFS #energytransition

𝗘𝘅𝘅𝗼𝗻 𝗧𝗮𝗸𝗲𝘀 𝗥𝗮𝗿𝗲 𝗠𝗼𝘃𝗲 𝘁𝗼 𝗦𝘂𝗲 𝗦𝗵𝗮𝗿𝗲𝗵𝗼𝗹𝗱𝗲𝗿𝘀 𝗢𝘃𝗲𝗿 𝗖𝗹𝗶𝗺𝗮𝘁𝗲 𝗖𝗵𝗮𝗻𝗴𝗲 𝗣𝗿𝗼𝗽𝗼𝘀𝗮𝗹𝘀 Exxon has recently filed a lawsuit against activist investors, Arjuna Capital and Follow This, in order to stop them from filing climate-change proposals during the company’s shareholder meeting. The move sidesteps the traditional system created by the Securities and Exchange Commission of seeking to exclude potentially improper shareholder proposals. #Compliance #CCO #CorporateCompliance #Governance #Exxon #ShareholderProposals https://lnkd.in/e-6DSJYk

Voluntary carbon markets have a key role to play in the energy transition as businesses seek to offset their carbon emissions and fulfil ‘net-zero’ commitments. However, despite the scale of the industry (estimated to be worth over $2 billion in 2020 and to grow to around $250 billion by 2050) it is largely unregulated, with a lack of uniformity across different accreditation standards. New markets make for litigation risk and we are already seeing the emergence of claims spanning greenwashing, tort and contract, as well as regulatory investigations. I am looking forward to contributing to this panel discussion at LIDW on 6 June - which will include an introduction to VCMs for those new to the market and a discussion of how litigation risk might be mitigated going forward. https://lnkd.in/eFs7Z-bU

Is there money in ScotchTM tape and Post-It® notes? In this week's webinar at https://lnkd.in/gzFYxjju, Zacks Equity Strategist Mayur Thaker, CFA looks at the potential risks and rewards of investing in 3M Company (MMM), a member of the Zacks Earnings Certain Portfolio (ECP).   Although several recent events—including a $10.3 billion settlement related to harmful chemical PFAs in drinking water and the expected spin-off of its Healthcare division—have clouded the outlook for the company, Mayur sees many positive signs for 3M's future.   In addition to being a world-class brand with consistent dividend growth for over 30 years, Mayur looks at a number of reasons that 3M is a great potential value now. He examines the company's ROIC, invested capital, Shiller P/E, and other metrics to make the case that this is a generational brand trading at a once-in-a-generation value. Don't miss this essential analysis of an iconic American company.

Extreme weather events are pushing power generating companies into tough new situations, especially in the resulting FERC negotiations. Partners Neil Chatterjee, Chris Donoho and Megan Ridley-Kaye consider how bankruptcy tools may be used in these situations. Read the article first published by Law360 here. #EnergyTransition #FERC #Power #Bankruptcy

In today's episode of our #LendingTermChallenge series, our Head Collection & Litigation, prabhakaran Sundarajan, decodes the financial term 'Repayment'. Stay tuned for more! #UGROCapital #UGRO #LendingTermChallenge #FinancialTerms #SmallBusinesses #MSMEs #MSME #Repayment