ARTICLE
23 February 2021

Business And Human Rights – Are Boards Equipped To Address Emerging Risks?

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Mayer Brown
Contributor
Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. With extensive reach across four continents, we are the only integrated law firm in the world with approximately 200 lawyers in each of the world’s three largest financial centers—New York, London and Hong Kong—the backbone of the global economy. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
The NYU Stern Center for Sustainable Business published a report in January 2021 finding that US corporate Boards suffer from inadequate expertise in financially material ESG matters such as human...
UK Government, Public Sector
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The NYU Stern Center for Sustainable Business published a report in January 2021 finding that US corporate Boards suffer from inadequate expertise in financially material ESG matters such as human rights.

In a survey of 1,188 Fortune 100 Board directors, only 18 (or 1.5%) had any experience or credentials relating to human rights. Findings amongst Board directors outside the US are unlikely to be very different. The Stern report found limited expertise across the full range of ESG risks (beyond human rights to climate change, water scarcity, pollution, #metoo, #blacklivesmatter, employee diversity, cybersecurity and bribery and corruption) and questioned whether "today's Boards [are] fit for today's challenges and opportunities".

In this Blog Post, we discuss what Boards should do to address this capacity deficit.

The Stern report advocates that the Board must:

  • understand the material ESG issues for the company, "today and tomorrow";
  • understand the perspective of critical stakeholders, such as employees, civil society and long-term investors, on ESG issues and ensure their concerns are built into the culture and business strategy of the company;
  • diversify to include people with expertise in those material issues;
  • ensure that the company has a "sustainability strategy that is embedded in the company's business strategy and that KPIs are developed that are aligned with key reporting standards, that are built into work plans and compensation and that are third party assured";
  • ask their executive team to report on the financial impact of their ESG investments in a comprehensive way, including intangible and tangible benefits such as risk avoidance, employee retention and operational efficiency; and
  • reflect the new ESG reality in the Board culture, their own expertise and through proactive engagement with management on its sustainability strategy and with key stakeholders.

Norges Bank Investment Management helpfully elaborates on these recommendations from an investor perspective, so far as human rights issues are concerned, in their Human Rights Expectations document, which we covered in a previous Blog Post.

Board representation aside, it is important to note that companies are increasingly looking to systematically integrate external expertise to promote constructive exchanges on ESG issues, to better understand different perspectives and to help address conflicting goals.

Originally Published 19 February, 2021

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ARTICLE
23 February 2021

Business And Human Rights – Are Boards Equipped To Address Emerging Risks?

UK Government, Public Sector
Contributor
Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. With extensive reach across four continents, we are the only integrated law firm in the world with approximately 200 lawyers in each of the world’s three largest financial centers—New York, London and Hong Kong—the backbone of the global economy. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
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