Environmental, Social & Governance (ESG)

ESG Essentials Podcast

ESG Essentials: What You Need to Know Now

Our ESG podcast series, hosted by David Colvin, features short episodes covering core ESG concepts. Each podcast explores important issues for businesses that are concerned with developing and deploying an ESG profile, responding to increased scrutiny from regulators, investors and consumers regarding their environmental and social impact, and minimizing the potential legal and business risks that can be associated with ESG.

Episode 19 - Power Struggles: Federal vs. State Authority in Energy Law

The Trump administration has issued approximately 130 executive orders so far, and many deal with environmental and energy matters.

Listen as David Colvin and Karen Davis, Co-Chairs of our ESG Practice, dive into the emerging themes of these executive orders.

They specifically dig into the details of EO 14260, “Protecting American Energy From State Overreach" — which calls for federal action against localized energy laws — and speculate whether the Trump administration will join litigation challenging energy laws out of New York and Vermont.

The bite-sized episode also explores how this executive order aligns with current EPA policies.

Fox Rothschild LLP · Essentials Ep19 - Power Struggles: Federal vs. State Authority in Energy Law - View the Episode 19 Transcript

Episode 18 - The Reshaping of ESG & DEI

From executive orders to state laws, elements of ESG are being transformed.

Podcast hosts David Colvin and Karen Davis, who also co-chair the firm’s ESG Practice Group, explore the impact of the New York Climate Change Superfund Act and consider how it may serve as a springboard toward a potential uptick in state climate change actions.

They also turn to the Trump administration’s executive orders regarding DEI. This episode explains what the actions mean for government contractors as well as private companies. It also offers suggestions on what companies should do during the safe harbor period that runs until April of this year.

Fox Rothschild LLP · ESG Essentials Ep18 - The Reshaping of ESG & DEI - View the Episode 18 Transcript

Episode 17 - The Evolution of ESG Enforcement Under the SEC

In March 2021, the Securities and Exchange Commission announced with great fanfare the creation of its Climate and ESG Task Force to proactively identify ESG-related misconduct. Three years later, the SEC quietly shuttered it. Why?

Hosts David Colvin and Karen Davis consider the reasons the agency may have elected to disband its task force and how it may approach ESG enforcement in the future. The pair also explore the legal challenges to the proposed Climate Risk Disclosure Rules.

Fox Rothschild LLP · ESG Essentials Ep17 - The Evolution of ESG Enforcement Under the SEC - View the Episode 17 Transcript

Episode 16 - ESG Backlash

Media reporting on the ESG "backlash" has grown as lawmakers in some states pursue legislation to prevent government entities from doing business with investment firms and other businesses that consider environmental, social and governance factors in investing. Even the U.S. Congress has gotten involved by opposing a U.S. Department of Labor rule that allowed pension plans to consider ESG factors in their investment process. Has ESG became too hot to handle or is the backlash just hype?

Host David Colvin is joined in this episode by ESG Practice Co-Chair Karen Davis to discuss the practical effects and true extent of the backlash, as well the strategies companies are employing to remain above the fray. Karen and David also discuss upcoming initiatives by the U.S. Securities and Exchange Commission and European regulators that will only increase businesses' need to monitor, analyze and report on their environmental, social and governmental impact in the future.

Fox Rothschild LLP · ESG Essentials Ep16 - ESG Backlash - View the Episode 16 Transcript

Episode 15 - Climate Week NYC

Get excited for Climate Week NYC with Rich Deming, CEO of East Energy Renewables, and episode host Karen Davis, co-chair of Fox Rothschild’s ESG Group.

Listen to a sneak peek of the topics to be discussed in the Fox Rothschild hybrid event, The Need for Speed:Expediting Clean Energy Deployment with AI.

Rich also offers an inside look at how the Inflation Reduction Act revolutionized his company – and the community – for the better through tax incentives and work programs.

Fox Rothschild LLP · ESG Podcast Ep15 - Climate Week NYC - View the Episode 15 Transcript

Episode 14 - Environmental Justice: Federal and State Trends

New measures are in place that emphasize environmental justice requirements on businesses already located in or looking to open in underserved and overburdened communities.

Host David Colvin, Co-Chair of the firm’s ESG Practice Group, is joined once again by his Fox colleague, environmental law attorney Adam Cutler. In Episode 14, they explore the federal and state trends intended to ensure environmental justice accountability.

The episode examines the business implications of President Biden’s recent environmental justice executive order, and how businesses should start preparing for more legislation on a state level that falls in line with regulations recently enacted in New Jersey and New York.

It also offers an insightful look at how environmental justice issues intersect with Title VI of the Civil Rights Act.

Fox Rothschild LLP · ESG Podcast Ep14 - Environmental Justice Federal and State Trends - View the Episode 14 Transcript

Episode 13 - Sustainable Ethos Litigation: Aspiration or Inaction?

Our ESG podcast series features short episodes covering core ESG concepts. Each podcast explores important issues for businesses that are concerned with developing and deploying an ESG profile, responding to increased scrutiny from regulators, investors and consumers regarding their environmental and social impact, and minimizing the potential legal and business risks that can be associated with ESG.

ESG-related consumer protection class actions are an increasing trend in federal courts.

Maureen Mitchell, a partner in Fox Rothschild’s Environmental Litigation Practice, joins podcast host David Colvin, Co-Chair of the firm’s ESG Practice Group, for a deep dive into a recent case before the Superior Court of the District of Columbia: Earth Island Institute v. The Coca-Cola Company.

This must-listen episode also explores the reasons for the uptick in ESG litigation alleging violations of consumer protection statutes and suggests best practices for companies looking to minimize risk when publicizing their ethos on environmental sustainability.

Fox Rothschild LLP · ESG Podcast Ep13 - Sustainable Ethos Litigation: Aspiration or Inaction? - View the Episode 13 Transcript

Episode 12 - A Swinging Pendulum: Taking Stock of ESG and DOL Changes in Retirement Plans and ESG

New Department of Labor regulations go into effect on January 30, 2023 that permit plan fiduciaries to consider ESG factors in retirement plans.

José Jara, counsel in Fox Rothschild’s ERISA Litigation Practice, joins podcast host David Colvin, Co-Chair of the firm’s ESG Practice Group, to break down these new regs, titled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights.”

Fox Rothschild LLP · ESG Podcast Ep12 - A Swinging Pendulum: Taking Stock of ESG and DOL Changes in Retirement Plans - View the Episode 12 Transcript

Episode 11 - Recycling Your Way to ESG Success

As state governments implement perceived anti-ESG legislation, will the ESG movement falter?

Listen as David Colvin and Karen Davis, Co-Chairs of Fox Rothschild’s Environmental, Social & Governance Practice Group, explore how local and national laws intersect with stakeholder desires in the ESG realm. Together, they theorize and discuss the future of ESG in the United States based on recent news and data.

Fox Rothschild LLP · ESG Podcast Episode 11 - Is the Future of ESG in Peril as Backlash Mounts? - View the Episode 11 Transcript

Episode Ten - Recycling Your Way to ESG Success

Recycling - and more broadly, sustainable waste management – are tangible ways in which a company demonstrates its concern for the bottom line and its overall attitude towards reducing greenhouse gas emissions and hitting other environmental benchmarks.

Host David Colvin, Co-Chair of Fox Rothschild’s Environmental, Social & Governance Practice Group, is joined once again by firm colleague and environmental law attorney Adam Cutler. Together, they discuss a variety of company-wide recycling considerations and practices and highlight the steps Fox Rothschild has implemented to strengthen its waste management efforts.

Fox Rothschild LLP · ESG Podcast Episode 10 - Recycling Your Way to ESG Success - View the Episode Ten Transcript

Episode Nine - Mapping Supply Chains for ESG Success

Companies that wish to differentiate themselves in the marketplace can use supply chain transparency to their ESG advantage. With an accurate and precise map of all their suppliers, businesses are better prepared to meet increasing compliance demands and consumer preferences and to rise above the reputational risk that can hamper companies with unknowingly problematic suppliers.

Host David Colvin, Co-Chair of Fox Rothschild’s Environmental, Social & Governance Practice Group, is joined by Leo Bonanni, Ph.D. in this latest episode. Dr. Bonanni is the founder and CEO of Sourcemap, a software program that maps and monitors a company’s supply chain to help guard against a host of potential ESG issues: deforestation, forced labor, counter-terrorism and more.

Together, David and Dr. Bonanni explain the history and importance of supply chain transparency and how thinking of suppliers as part of your social network can lead to better understanding.

Fox Rothschild LLP · ESG Podcast Episode 9 - Mapping Supply Chains for ESG Success - View the Episode Nine Transcript

Episode Eight - Environmental Justice

While the concept of environmental justice dates back to the 1960s and 1970s, federal and state governments have recently taken a far more proactive approach to it through a combination of executive orders, agency policies, regulations and statutes.

Host David Colvin, Co-Chair of Fox Rothschild’s Environmental, Social & Governance Practice Group, is joined by firm colleague and environmental law attorney Adam Cutler in this latest episode. The two explain how the concept of environmental justice relates to all three aspects of ESG, as well as how companies can examine the impact their operations and facilities may have on the surrounding communities.

Fox Rothschild LLP · ESG Podcast Episode 8 - Environmental Justice - View the Episode Eight Transcript

Episode Seven - Uyghur Forced Labor Prevention Act

President Biden signed the Uyghur Forced Labor Prevention Act into law in December 2021. While goods made with forced labor have long been prohibited from entry into the United States, this new law greatly expands Customs and Border Protection's enforcement authority and creates a presumption that importers must now overcome should they import merchandise from the Xinjiang Uyghur Autonomous Region (XUAR) of China.

With the law slated to take full effect on June 21, 2022, businesses in all industries that import finished products or raw materials need to assess the consequences that this federal guidance will have on importation.

Host David Colvin, Co-Chair of Fox Rothschild’s Environmental, Social & Governance Practice Group, is joined by his firm colleague and fellow ESG attorney Brittney Powell to explore the significance of the Act and the expected enforcement procedures.

Fox Rothschild LLP · ESG Podcast Episode 7 - Uyghur Forced Labor Prevention Act - View the Episode Nine Transcript

Episode Six - Preparing for the SEC’s Proposed Rule on Climate Risk Disclosures

Host David Colvin is joined by his Fox colleagues Karen Davis and Brittney Powell for a deeper dive into the SEC’s proposed rule and discuss the challenges faced by companies that will be obligated to comply with the new disclosure requirements.

Fox Rothschild LLP · ESG Podcast Episode 6 - Preparing for the SEC’s Proposed Rule on Climate Risk Disclosures - View the Episode Six Transcript

Episode Five - Preventing Modern Slavery: A Case Study in Success

How can a business uncover and address ESG issues that may lurk within its global supply chain? Learn how Hewlett Packard Enterprise (HPE) tackled modern slavery to become an award-winning leader in ethical business conduct and human rights.

Pam Wood, Human Rights Manager at HPE, joins guest host, partner Karen Davis, to share the details of its successful and ongoing work.

Fox Rothschild LLP · ESG Podcast Episode 5 - Preventing Modern Slavery: A Case Study in Success - View the Episode Five Transcript

Episode Four - Cybersecurity

Sound cybersecurity protocols are an integral part of a successful company ESG profile. In this latest episode, listen as Privacy & Data Security attorney Kristen Broz and host David Colvin discuss how proactive data security policies and procedures can help save a company’s reputation should a cyber incident occur. They also explore best practices in light of the pandemic’s permanent changes to workplace cybersecurity.

Fox Rothschild LLP · ESG Podcast Episode 4 - Cybersecurity - View the Episode Four Transcript

Episode Three - Human Rights and Trafficking (Part 2)

In recognition of National Slavery and Human Trafficking Prevention Month, Partner Karen Davis joins host David Colvin for the second of a two-part podcast to discuss the prevalence of human slavery and how businesses can address this important issue.

Fox Rothschild LLP · ESG Essentials - Episode 3 - Part 2 - View the Episode Three, Part Two Transcript

Episode Three - Human Rights and Trafficking (Part 1)

In recognition of National Slavery and Human Trafficking Prevention Month, Kelley Hodge joins host David Colvin for the first of a two-part podcast explaining human trafficking and modern slavery and the importance of incorporating anti-human trafficking efforts into a company’s ESG profile.

Fox Rothschild LLP · ESG Essentials - Episode 3 - Part 1 - View the Episode Three, Part One Transcript

Episode Two - Diversity, Equity and Inclusion in ESG Efforts (Part 2)

The first of a two-part episode, David and Kimberly Bullock Gatling, Fox Rothschild’s Chief Diversity & Inclusion Officer, share the specific ways in which Fox Rothschild has enhanced its DEI efforts and how those could be similarly applied in other businesses.

Fox Rothschild LLP · ESG Essentials - Episode 2 - Part 2 - View the Episode Two, Part Two Transcript

Episode Two - Diversity, Equity and Inclusion in ESG Efforts (Part 1)

The first of a two-part episode, David and Kimberly Bullock Gatling, Fox Rothschild’s Chief Diversity & Inclusion Officer, explore how a company’s diversity, equity and inclusion initiatives are tied directly to its ESG efforts.