In The Press November 12, 2021

SEC Policy Easing Investor Proposals Could Spark Pushback (Law360)

The U.S. Securities and Exchange Commission's new policy easing shareholders' ability to place environmental and social-related votes on corporate ballots could invite legal pushback from companies that want to fend off proposals they see as distractions, some lawyers say. Public Companies Advisory Practice chair and ESG & Impact Co-Chair Sean Donahue stated that if you really want to exclude a proposal, and you don't think you can get no-action relief under the proxy rules that the proposal is excludable, going into federal court and seeking a declaratory judgment that the proposal is excludable under Rule 14a-8 is an option that a company could pursue. Read the Law360 article here.