In the context of explaining the uptick in scrutiny of companies’ diversity, equity, and inclusion (DE&I)-related practices and disclosures in the form of increasingly diverse shareholder proposal requests and demands, Orrick’s “Activist Shareholder Proposals and HCM Disclosures in 2021” reiterates the importance of companies’ subjecting their human capital and DE&I disclosures in their Form 10-Ks, proxy statements, and other mediums (whether in response to shareholder DE&I proposals or otherwise) to rigorous vetting, drafting, and review processes to mitigate legal risks.
See our recent reports: “ESG Program & Disclosure Guidance” and “Human Capital Disclosure Guidance” here and here; numerous D&O Diary posts on board diversity litigation on our Board Diversity page >>Memos; and additional information and resources on our Human Capital/Workforce Management, Racial Equality & Diversity, Sustainability, Shareholder Proposals, and Institutional Investors pages.
This post first appeared in the weekly Society Alert!