ESG: Increasing Reach Into Supply Chains
Regulatory and market demands will likely continue to push ESG deep into supply chains. The result is every business along those chains could be made to take up ESG efforts, regardless of a given business's order of magnitude.
August 23, 2023 at 09:54 AM
6 minute read
Board of ContributorsInsofar as environmental, social and governance (ESG) promotes fundamental ideals like complying with the law, treating employees fairly, and avoiding pollution, it is not new. What is new is businesses assessing where they are in relation to such ideals, where they want to be, and then reporting all that out to stakeholders. That exercise may be voluntary based on the conclusion that it makes good business sense to undertake it, or it may be mandatory because evolving regulatory frameworks require it. A common misconception is that ESG extends only to large publicly-traded companies and that privately-held small and medium size enterprises need not tune in. But, there are strong—and increasing—indicators to the contrary. Regulatory and market demands will likely continue to push ESG deep into supply chains. The result is every business along those chains could be made to take up ESG efforts, regardless of a given business's order of magnitude.
As a threshold matter, overlooking supply chains in crafting and implementing ESG strategies could skuttle those plans. Businesses that fail to address ESG factors at their supply chains expose themselves to reputational and litigation risk based on claims that their ESG representations do not accurately reflect all of what the business is doing and how it is doing it. That means that the entities in those supply chains will, in turn, be called upon to undertake ESG efforts and make ESG disclosures on which the businesses to whom they supply goods and services can rely.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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