About Session
In a rapidly shifting political environment, the shareholder advocacy community is experimenting with new and creative strategies to push companies toward stronger ESG performance and accountability. This session will highlight emerging shareholder advocacy, legal, and quasi-legal strategies that investors can use to increase leverage and generate pressure for companies, including through financial penalties, forced disclosures, and reputational exposure.
The panel will explore the following:
• Insights from organizations implementing innovative investor engagement approaches, including coordinated co-filing and communication strategies with broad shareholder support (e.g., Microsoft and Amazon).
• Examples of quasi-legal corporate accountability tools investors may use, including filing complaints in U.S. administrative agencies like the SEC, the International Trade Commission, and the State Department; formal communications to UN Special Procedures; and specific instances to OECD National Contact Points.
• Legal filings in federal court like the False Claims Act, in regional human rights courts like the Inter-American Court of HRs, or international tribunals like the ICC.
Panelists will spotlight concrete examples to assess the advantages each tool offers, discuss the risks and unintended consequences encountered when deploying new tactics, and share practical takeaways for advocates considering similar strategies.