Governance

May 14, 2025

Disappointed stakeholders—the product of missed expectations and a feature of reputation damage—are a force to be reckoned with.

Disappointed stakeholders—the product of missed expectations and a feature of reputation damage—are a force to be reckoned with. Adidas chair in re-election fight as investors plot revolt. DWS, the asset management arm of Deutsche Bank, told the Financial Times that it would vote against Rabe’s re-election as chair of the German sportswear company’s advisory board at the annual meeting on Thursday because of a “repeated breach of expectations”.

May 8, 2025

Pittsburgh Pirates Reputation Damage

PR nightmares mount for Pirates, who can’t win — on or off the field. […] Chatter about the team on social media might be loud, but that does not necessarily make it a concern, according to Nir Kossovsky, CEO of Steel City Re, a Pittsburgh-based reputation risk management and insurance firm. […] When a team’s reputation takes a grave hit, Mr. Kossovsky said, relationships with all stakeholders are at risk. The city or state could roll back any tax benefits or waivers they offer the franchise. The Pittsburgh Sports and Exhibition Authority, which collects $100,000 in base rent from the Pirates for PNC Park each year, could raise that rent or amend the lease. Vendors could pull out of contracts. Loans could become more expensive.

April 28, 2025

DEI-linked stock price drop lawsuits may lead to painful board exit conversations and impair board member's' personal reputations.

DEI-linked stock price drop lawsuits may lead to painful board exit conversations and impair board member’s’ personal reputations. “Companies are going to be scrutinized for the statements and positions that they’ve taken in these areas,” said Troy Harder. “I wouldn’t be surprised to see a lot more lawsuits like this.” […] “(H)ow companies monitor risk matters just as much as how they disclose it,” Jennifer Wu, an assistant professor of finance at the University at Buffalo’s School of Management, told Agenda. That’s why Steel City Re developed a comprehensive reputation risk monitoring, management, and insurance solution.

February 20, 2025

“The worst thing that can happen to a company is: You’re still on that list, but you’ve lost all your good faith and credibility with folks on the other side of these issues.” We call this situation a reputation crisis and a clear need for reputation insurance.

There are 45 companies (combined value $10 trillion) on the MAGA anti-DEI hit list.“The worst thing that can happen to a company is: You’re still on that list, but you’ve lost all your good faith and credibility with folks on the other side of these issues.” We call this situation a reputation crisis and a clear need for reputation insurance.

February 14, 2025

As SEC sees it, we live in a Manichean world where allies are pliant, and anyone who is anything else, is an activist. No more engagement to offer a gentle nudge. "Investors that threaten to vote against directors' reelection if the company is not aligned with their stewardship policies or views on environmental, social or governance issues will not be considered passive and must instead file a Schedule 13D as activists, according to a new compliance and disclosure interpretation released by the SEC's Division of Corporation Finance this week.

As SEC sees it, we live in a Manichean world where allies are pliant, and anyone who is anything else, is an activist. No more engagement to offer a gentle nudge. “Investors that threaten to vote against directors’ reelection if the company is not aligned with their stewardship policies or views on environmental, social or governance issues will not be considered passive and must instead file a Schedule 13D as activists, according to a new compliance and disclosure interpretation released by the SEC’s Division of Corporation Finance this week.

February 4, 2025

Target failed to warn investors of risks associated with its mandates regarding its ESG/DEI initiatives.

Great companies with the most sophisticated boards will sometimes disappoint stakeholders. In our increasingly chaotic economic and political business environment, some customers, employees, regulators or investors will feel betrayed and act. This class action was filed against Target and thirteen of its Directors. In May 2023, Target faced immense customer backlash to its ambitious LGBT- “Pride Month” marketing and sales campaign, one of its featured ESG/DEI initiatives. […] The Complaint alleges that during the Class Period, Target failed to warn investors of risks associated with its mandates regarding its ESG/DEI initiatives and that this deceit, through misleading statements in the Company’s public filings, caused Target’s investors to purchase Target stock at artificially inflated prices and to unknowingly support Target’s Board and management in their misuse of investor funds to serve political and social goals.