On February 18, 2021, the Institute of International Finance (“IFF”) hosted the U.S. Climate Finance Summit, at which both John Coates, Acting Director of the SEC’s Division of Corporation Finance, and Federal Reserve Governor Lael Brainard made statements in favor of companies providing fulsome ESG disclosures.  These pronouncements underscore the Summit’s larger goal of supporting a “pro-growth, pro-markets transition to a sustainable, low-carbon economy.” 

Acting Director Coates said that the SEC “should help lead” the creation of a disclosure system for ESG issues for corporations.  He noted that rigid, specific disclosures aren’t necessarily the answer as they can easily become out-of-date.  Nevertheless, Coates recognized that companies are already reacting to increasing shareholder interest for ESG information by issuing various sustainability reports organized by private groups.  Indeed, he commented that, “to some extent what has traditionally been voluntary is becoming less voluntary, not through law but because of investor demand.”

Governor Brainard also acknowledged that “[c]urrent voluntary disclosure practices are an important first step,” but are “prone to variable quality, incompleteness, and a lack of actionable data.”  She endorsed ultimately “moving toward standardized, reliable, and mandatory disclosures” related to climate risks.

Accompanying the Climate Finance Summit, IIF and 10 other financial services trade associations published “Principles for a U.S. Transition to a Sustainable Low-Carbon Economy,” a set of mutually-agreed-to climate finance principles, which will no doubt serve instructive to companies moving forward in the ESG space.

Importantly, only a month into the Biden administration, regulatory officials are publicly calling for heightened ESG disclosures:  just last week, Acting SEC Chair Allison Herren Lee directed the Division of Corporate Finance to enhance its focus on ESG disclosures in public company filings.  Still, as evidenced from Coates’ and Brainard’s statements, the real impetus for such disclosures may come from investors, as opposed to the regulators themselves.

Intrigued by the ESG landscape?  So are we. To stay up to date on all things environmental, social, and governance, subscribe to Proskauer’s Corporate Defense and Disputes blog and we will keep you appraised of the latest developments.

 

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Special thanks to our litigation paralegal, Emma Dillon for her contributions to the post.

Photo of Erica T. Jones Erica T. Jones

Erica Jones is an associate in the firm’s Litigation Department, where her practice encompasses a range of business, regulatory, and corporate governance matters. She has worked extensively in defense of securities class actions, derivative suits, and white collar criminal matters involving investigations by…

Erica Jones is an associate in the firm’s Litigation Department, where her practice encompasses a range of business, regulatory, and corporate governance matters. She has worked extensively in defense of securities class actions, derivative suits, and white collar criminal matters involving investigations by the SEC, DOJ, and state attorneys’ offices. In addition, Erica has advised on antitrust matters involving allegations of price fixing, restraint of supply, monopolization, group boycott, bid rigging, and collusion across industries that include agriculture and health care. She is also a member of the litigation team representing the Financial Oversight and Management Board in the Commonwealth of Puerto Rico’s bankruptcy proceedings.

Erica maintains an active, diverse pro bono practice, with a focus on immigration law, compassionate release and habeas corpus, and racial justice. She is an associate trustee with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and has been recognized by the District of Columbia Courts’ Capital Pro Bono Honor Roll. Erica was also one of a few women selected to be a Protégée for Proskauer’s Women Sponsorship Program, an initiative for high performing midlevel lawyers that champions emerging leaders.

Erica strives to stay on the cutting edge of developing areas of law through her membership in Proskauer’s COVID-19 Task Force, ESG Working Group, and Private Credit Litigation Group.  Erica’s ability to advocate for her clients is further bolstered by her recent Master’s Degree in Accounting from the University of North Carolina’s Kenan-Flagler Business School with a concentration in Financial Reporting and Analysis.

Prior to joining Proskauer, Erica was an intern with the Department of Justice in the Constitutional and Specialized Tort Litigation Section. Outside of her career in the law, Erica has been featured on Fox’s So You Think You Can Dance, teaching ballroom dance to students at Lighthouse for the Blind.