Legal

December 5, 2022

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ESG-related false advertising litigation. Consumers are increasingly questioning environmental claims, sometimes landing directors in court.

ESG-related false advertising litigation. Since the onset of 2021, there have been multiple class actions filed in federal courts over greenwashing claims targeting companies from the retail industry, such as H&M and Allbirds, and food manufacturers, like Vital Farms. The statements attacked by consumers in these lawsuits varied due to the wide-ranging nature of the marketing techniques used by the companies, including the use of internal sustainability metrics as well as the reliance on benchmarks created by third parties.

October 28, 2022

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Mitigating the Hazards of ESG-Linked Enterprise Risk. Two of every 3 directors prefer value-creation through an ESG-linked reputation strategy.

Carnell and Nir are two of the three speakers who will be delivering the general session titled, “Mitigating the Hazards of ESG-Linked Enterprise Risk,” at the RIMS ERM Conference on November 11th at 11:30 am. This session will explore the value proposition of how to manage ERM to mitigate ESG-linked reputation risk strategically. It will focus on the cultural aspects of rounding up the collaborators from legal and communications and risk insurance. Two of every 3 directors prefer value-creation through an ESG-linked reputation strategy.

October 15, 2022

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Climate-related financial risk. Needed: Insurance-authenticated thoughtful ESG-linked reputation risk strategies.

Climate-related Financial Risk As part of its work to better tackle climate-related financial risks, the CFTC is considering whether the offsets market is “susceptible to fraud and manipulation.” In their letter, the senators asked the CFTC to develop standards for offsets, investigate cases of potential fraud, and convene a working group to study the risks …

October 15, 2022 Read More

October 13, 2022

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Effective defense of oversight claim. An insurance-authenticated thoughtful and dutiful risk strategy over all that is mission-critical.

You can never completely prevent litigation over liability due to oversight issues. That being said, steps can be taken to help better defend against these suits, including successfully moving to dismiss, reducing settlement values even after an unsuccessful motion to dismiss, and perhaps even a successful defense at trial, if necessary.

October 5, 2022

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Oversight of Ethics Risk Management. Insurance can authenticate the effectiveness of a board’s reputation risk oversight.

Regardless of one’s moral compass, the practical risks of failing to uphold business ethics are very real, transcending any legal or regulatory requirements. A company’s most valuable asset may be its reputation, yet that asset appears nowhere on the company’s balance sheet. Board members’ oversight of risk management should therefore include reputational risk as a key element, which requires attention to business ethics throughout the company’s activities, both current and planned. This book provides excellent examples — good and bad — that will be instructive for board members in overseeing management of reputational risk.

September 14, 2022

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NACD Summit ESG Beast. Effective risk management and governance, validated by insurance, forestalls regulators, litigators, and activists.

NACD Summit ESG Beast. Effective risk management and governance of ethics, compliance, ESG, and reputation risks, validated by insurance, forestalls regulators, litigators, and activists. In this workshop, Steel City Re CEO Nir Kossovsky conveys the nuts & bolts of an enterprise reputation risk management apparatus, and the governance, leadership, controls and insurances therein. Directors will …

September 14, 2022 Read More

September 12, 2022

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Reputation and ESG insurances are how boards can signal to investors and the courts (and regulators) that their governance processes are effective.

Ethics Compliance Management Governance. An effective management process for [ethics, compliance, ESG risk, reputation risk…] creates value with regulators. An effective governance process creates value with investors and the courts. Auditors’ reports on controls are how boards can signal to regulators that their management processes are effective. Reputation and ESG insurances are how boards can …

September 12, 2022 Read More

September 11, 2022

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“Demand for environmental, social and corporate governance (ESG)-reputational risk insurance is surging.”

Surging Demand for ESG Risk Insurance. Demand for environmental, social and corporate governance (ESG)-reputational risk insurance is surging, but, according to Nir Kossovsky (pictured), chief executive officer of Steel City Re, there is a lack of capital available. Parametric ESG-linked reputation insurance is as vital today as D&O insurance. Click on the image above to …

September 11, 2022 Read More

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