SEC Enforcement and ESG – What You Need to Know

ESG

When most people think of Securities and Exchange Commission (SEC) enforcement actions, their minds probably jump to sensational crimes seen on the news, like insider trading and Ponzi schemes. Indeed, these do make up a fair number of SEC enforcement actions. But the SEC conducts hundreds of different enforcement actions every year, collecting billions of…

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Workforce Investment Disclosure Act to Require Annual DEI Reporting

Workforce Investment Disclosure Act

Prompted by the workplace inequities exacerbated by COVID-19, congress unveiled the Workforce Investment Disclosure Act of 2021, with the intention of renewing organizations’ focus on employee equity. From layoffs to workplace safety and paid leave, COVID-19 exposed distinct workforce management practices that impact employees. With race and gender-based workplace discrimination at the forefront, negative health…

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Honoring the Life and Legacy of Dr. Martin Luther King Jr.

Martin Luther King Jr.

On the third Monday of January each year, we celebrate the life and legacy of Dr. Martin Luther King Jr. Although Martin Luther King Jr. Day was first observed on January 20, 1986, it wasn’t until 2000 that all 50 U.S. states acknowledged the event. The now federal holiday honors Dr. King’s birthday and the…

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Public Companies Respond to SEC Human Capital Disclosure Requirement

SEC Human Capital Disclosure

A recent survey conducted by Gibson Dunn shows how 451 public companies responded to the U.S. Securities and Exchange Commission’s (SEC) adopted amendments on human capital reporting and disclosures.  Effective November 9, 2020, the amendments added human capital resources as a disclosure 101(c). The SEC requires disclosures to include “the number of persons employed by…

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Nasdaq Obtains SEC Approval for New Board Diversity Rule

Board Diversity Rule

Last month, Nasdaq obtained approval from the U.S. Securities and Exchange Commission (SEC) to require a new board diversity rule for public companies listed on its stock exchange. According to a fact sheet issued by Nasdaq, the rule is intended to “encourage a minimum board diversity objective for companies and provide stakeholders with consistent, comparable…

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OFCCP Releases 2021 CSAL Schedule

CSAL

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released its Corporate Scheduling Announcement List (CSAL) for the 2021 fiscal year. Included in the list are 750 federal contractor and subcontractor establishments that will be audited by the OFCCP. Of the 750 total audits, there will be 668 establishment reviews, 19…

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California DFEH Sues Activision Blizzard for Systemic Discrimination

DFEH

Following a two-year investigation, the California Department of Fair Employment and Housing (DFEH) sued the entertainment gaming giant, Activision Blizzard for systematic discrimination on July 21, 2021. Included in the extensive complaint filed in the Los Angeles County Superior Court are allegations of “frat boy” culture, sexual harassment, unequal pay, retaliation, and gender-based discrimination.  The…

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ESG Stocks Perform Better, But Rankings Can Vary Widely

ESG

It’s no secret that public companies that are ranked highly for their environmental, social, and governance (ESG) efforts are performing well with investors – better, in fact, than those who aren’t. What’s not so well known is that the rankings can be dramatically different depending on who’s providing them. The Wall Street Journal (WSJ) recently…

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2021 Could Be the Year The Equality Act Becomes Law

Equality act

Earlier this year, the House of Representatives voted to pass the Equality Act. The bill will now make its way to the Senate and if approved, would amend Title VII of the Civil Rights Act of 1964 to include protections for members of the LGBTQ community. First introduced in 2019, the Equality Act includes major…

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SEC Increases its Focus on ESG-related Disclosures

ESG

As more and more investors are turning to companies who demonstrate commitment to environmental, societal, and governance (ESG) issues, the more that government agencies are focusing on companies’ ESG disclosures. Case in point: the Securities and Exchange Commission is taking a closer look at whether or not registered investment advisors’ (RIAs) strategies actually match what…

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