I have provided below a link to California SB 260 – Climate Corporate Accountability Act – introduced January 26, 2021. I try to comment about legislation only when it fits within the scope of my topic areas or the topic areas of other people with whom I am working. It is a given that businesses will be seeing an increasing number of climate-related disclosure and compliance laws, regulations and rules, in addition to the increased stakeholder, community and consumer interests in those topics and in ESG + Sustainability + Climate Action.
But these topics also raise a lot of questions that need to be answered. For example, reading SB 260, which is a short piece of legislation, I have a comment or question about the majority of the sentences in the legislation – such as “please define that . . . ” or “what does that mean . . .” or “what is required for compliance . . “ or “after you first define the specific problem and goal to be achieved, and why, what is the anticipated ROI on that or this . . . “?
I presume that at many businesses, audit committees will be tasked with oversight. And finally, from a 10,000-foot view, my approach to drafting the legislation and to compliance would be a risk management processes approach (see slide picture below) with a view toward defining the very specific problem and issue, defining the specific goal and success, the reasonable options that are available, and the pros and cons for each and ROI. Additionally, assuming, arguendo, that California has legal authority to draft its own laws on this and to regulate in this manner each “publicly traded domestic or publicly traded foreign corporation with annual revenues in excess of one billion dollars ($1,000,000,000) that does business in California,” has the Legislature addressed whether these issues will be addressed at a national level with the Biden administration?
Again, the proposed legislation is a short piece. And there will be a lot more to follow in California, and nationally, and internationally. See the link to the legislation below.
Best to you. David Tate, Esq. (and inactive CPA)
Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.
Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.
Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only
Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Investigations, Other Areas
Blogs: Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com
Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance and governance committee, responsibilities and rights, compliance, investigations, ESG + sustainability, and risk management http://auditcommitteeupdate.com
My law practice primarily involves the following areas and issues:
Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation
- Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.
Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities
- Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
- Misappropriation of trade secrets.
- M&A disputes.
- Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
- Buy-sell disputes.
- Funding and share dilution disputes.
- Accounting, lost profits, and royalty disputes and damages.
- Insurance coverage and bad faith.
- Access to corporate and business records disputes.
- Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.
Investigations, Governance, Boards and Committees, Officers, and Responsibilities and Rights
- Corporate, business, nonprofit and governmental internal investigations.
- Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, compliance, ESG, sustainability, etc.; and advising audit committees, governance committees, officers, directors, and boards.
Mediator Services and Dispute Resolution
- Trust, estate, elder and elder abuse, conservatorship, power of attorney, and other probate court cases.
- Business: breach of contract.
- Business: owner, founder, partner, shareholder, investor, board and committee, officer, and governance disputes.
- Employment and workplace, discrimination, wrongful termination, and harassment.
- Real estate.
- Personal injury.
- ADDITIONAL AREAS – ASK
* * * * *