Creating Environmental, Social, and Governance Criteria: Transparency, Reliance, and Due Diligence

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, September 23, 2020

Recorded event now available

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Program Materials

This CLE webinar will discuss with corporate and in-house counsel an overview of environmental, social, and governance (ESG) criteria and the framework and legal requirements for ESG reporting, disclosure, and diligence. The panel will examine the fiduciary duties of directors related to ESG measures and decision-making and finding the balance between investors and other stakeholders.


ESG criteria, are a recent trend in corporate standards. General and in-house counsel need to be familiar with the criteria that investors are examining. Boards of directors are being called upon to consider how ESG impacts business strategy, operations, and oversight and how boards should approach ESG decision-making and risk oversight.

Standards organizations publish guidance for reporting ESG performance. In environmental matters, some focus on the impact on the planet and the use of sustainable resources. The social aspect of ESG is a business' contribution to society and managing relationships with customers, local communities, the public, and the government. Human capital refers to the company's human resources management. Finally, governance is the management of business decisions.

ESG issues have come further to the fore during the COVID-19 crisis, which has increased pressure on companies to communicate how they are managing employee health and safety and their supply chains during the pandemic’s shut-downs.

Listen as our authoritative panel provides best practices on creating an ESG criterion that best serves the company, the board, and investors.



  1. History of ESG
  2. How to adopt ESG criteria
    1. Transparency
    2. Reliance
    3. Due diligence
  3. Investor requirements
  4. Standards organizations requirements
  5. Board direction and use of experts


This panel will review these and other topics:

  • What are ESG criteria, and how and whether a board should incorporate ESG into its business culture?
  • What are the different standards of review for each portion of ESG that a board may consider?
  • What are investors looking for when evaluating a company's ESG?
  • How does a board balance the needs of ESG for the company vs. the requirements of investors?


Catherine M. (Cathy) Clarkin

Sullivan & Cromwell

Ms. Clarkin is a partner in Sullivan & Cromwell’s Capital Markets and Financial Institutions Groups and is...  |  Read More

Lenkov, Patricia
Patricia Lenkov

Agility Executive Search

Ms. Lenkov is widely regarded as a thought leader on board recruiting, corporate governance, composition, and...  |  Read More

Hu, June
June M. Hu

Sullivan & Cromwell


 |  Read More

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