12 August 2021
In our podcast series ‘Human Rights: What does it mean for businesses?’ we explored some of the key themes that businesses need to be aware of. We received a number of questions in response to the series and with further developments on the horizon we thought we’d continue the conversation by answering your questions.
29 July 2021
Last year’s High Court decision in Municipio de Mariana & others attracted attention as it saw the dismissal, for abuse of process, of one of the largest mass tort claims before the English courts. Permission to appeal was initially denied by the Court of Appeal. That permission decision has, however, recently, and exceptionally, been overturned and it is now open for an appeal to progress. We take a look at why this has come about and why the case is being watched.
26 April 2021
A working group formed under the auspices of the American Bar Association (ABA) Business Law Section has published “Version 2.0” of the Model Contract Clauses for International Supply Contracts. Drafted with pro bono assistance from Linklaters, these set out a human rights due diligence regime and suggest a framework for upholding human rights in supply chains.
15 February 2021
In Okpabi v Royal Dutch Shell [2021] UKSC 3, the UKSC allowed an appeal against a Court of Appeal ruling that a tort claim against a parent company for environmental damage allegedly caused by one of its subsidiaries was not arguable. The Court of Appeal made significant procedural errors in assessing this.
Coupled with the UKSC’s earlier decision in Vedanta, the case may further increase the litigation risk that UK domiciled parent companies face before domestic courts as, at the jurisdiction stage, arguability will largely be assessed on the claimants' pleaded case.
14 January 2021
If 2020 was marked by the current shockwave of the Covid-19 pandemic, geopolitical tensions and the Black Lives Matter movement and the US election, 2021 is likely to be marked by the “build back better” and “build back greener” agenda. In this publication we explore some of the key global ESG themes we believe will shape the legal outlook for businesses in 2021.
1 December 2020
The rise of ESG has placed an increased focus on organisations and their supply chains. In this videocast we briefly discuss the key takeaways for organisations when looking at supply chains in the context of ESG.
Wednesday 25 November 2020, 14:00 to 15:00 GMT
Location: Global
Organisations and their supply chains have been sorely tested in 2020, by Covid-19, challenging geopolitics, a growing focus on ESG and the upcoming challenges of Brexit and severe weather. In the face of all these issues, we consider how to assess the resilience and ESG performance of suppliers and how to strengthen supply chains. We outline some of the key steps you can take to assess and manage risk and respond to problems.
Tuesday 10 November 2020, 12:00 to 13:00 GMT
Location: Global
Environment, social and governance (“ESG”) is going mainstream. Investors have become increasingly proactive in engaging with corporates on ESG issues and Regulators are introducing extensive legal changes with potentially far-reaching consequences. Access to finance may become more challenging for those not engaging robustly with this agenda. Social norms and stakeholder expectations are changing and corporates' social license to operate is increasingly tied to their profile on managing ESG matters.
15 October 2020
Human rights due diligence is set to climb higher up the board room agenda as the European Commission prepares to launch a consultation. In this podcast, Rachel Barrett and James Marlow discuss why human rights due diligence is becoming increasingly important for corporates and how to start the process.
7 October 2020
In this podcast, Rachel Barrett and James Marlow discuss the key changes that will be made to modern slavery statements in the UK, following the government’s response to the consultation it carried out in 2019.
25 September 2020
Organisations and their supply chains have been sorely tested this year, by Covid-19, challenging geopolitics, and a growing focus on EGS and the upcoming challenges of Brexit and severe weather in several major regions.
In the face of all these issues, some of our clients are revisiting the resilience of their supplier relationships and considering how to strengthen their supply chains. This briefing maps out some of the key issues and suggests options you may want to consider as part of your own review.
Tuesday 22 September 2020, 15:00 to 16:00 GMT
Location: Global
As companies and governments move beyond Covid-19, there is a renewed focus on environmental, social and governance (ESG) issues, supply chains and mistreatment of workers. The Modern Slavery Act 2015 created new offences in relation to modern slavery in the UK, and wider reporting obligations for commercial organisations active in the UK in relation to avoidance of modern slavery across their own operations and their supply chains. More recently, the EU has announced plans to introduce mandatory human rights due diligence.