Corporate Social Reporting Initiative - Report to Minister of Finance

A final report to the Ontario Minister of Finance regarding reporting on "social" sustainability issues that I have co-authored has been published and can be found here:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1632992

Lawyers Weekly: Global business requires due diligence on human rights

An article by Donalee Moulton of the Lawyer's Weekly:

Free Prior and Informed Consent of Indigenous Peoples

The General Assembly of the United Nations have adopted in September 2007 the Declaration on the Rights of Indigenous Peoples. Since the Declaration is soft law, it is not legally binding on States, but the standards that it recognizes could, if they become part of the consistent conduct of States acting out of the belief that the law requires them to act that way, become customary law... See full article by Pierre-Christian Labeau of Ogilvy Renault here.

Whistleblower Protections & CSR

An article written by my colleagues at Ogilvy Renault, John Beauchamp and Rachel Silver.

Torrance Top Five CSR Legal Trends

Globe & Mail: Loggers, environmentalists reach truce

"Two long-time adversaries are expected to announce peace pact, switch to new partnership."  Full article here.

Globe & Mail: Goldman Sachs to create standards committee

‘We need a rigorous self-examination,’ Blankfein tells annual meetings, full article here.

International Human Rights Due Diligence: An Evolving Concept With Legal Implications

Due diligence in respect of human rights risks is becoming particularly important for multinational corporations. The basis for human rights due diligence may arise from local laws, international law or custom, or the requirements of lenders and investors. Due diligence allows multinational companies to promote compliance with societal expectations and take precautions to avoid liability for human rights violations.
The purpose of this article is to review the elements of human rights due diligence for multinational corporations and discuss their legal implications.

Mining and Resources Newsletter

Ogilvy Renault's Quarterly Newsletter on Mining and Resource Law can be found here, with excellent articles (if I do say so, being one of the contributors!) on Bill C-300 and new disclosure obligations on Environmental Social and Governance indicators. 

Supply Chain Risk Insights - Responsibility

See a good Wall Street Journal article on the CSR risks inherent in supply chain relationships here.

The Role of Authority in Law and Business: Lessons from Google and China

The Google/China issue is a fascinating topic for legal counsel because it brings into stark terms the true challenge of corporate social responsibility (CSR) for business law.  At its essence, the question being debated by both sides of this issue is the proper role of "authority" as a guide for corporate conduct.  This is the focus of my graduate thesis, and I believe it is a central issue in understanding how corporations should navigate social expectations, be they legal, ethical, or CSR related - or as is most often the case, a tangled amalgam of each.

CSR and Pension Benefit Legacies

In a recent article of the Financial Times (full article here), it was noted that a pension scheme of a major food manufacturer was found to have a provision that prevents alteration of the pension plan insofar as such a change would be "unfair or materially detrimental" to the plan's beneficiaries. The article hypothesizes that the "unusual clause" could be linked to the company's "Quaker heritage" and "its doctrine of giving a fair deal to staff and suppliers". This raises some interesting legal issues, and reveals the potential for Corporate Social Responsibility (CSR) motivations to affect legal relations far into the future.

Social Entrepreurship: Legislative Innovations

This white paper, developed by the MaRS Discovery District, is part of a series that explores the opportunities and challenges supporting the growth of social ventures in Ontario.

Xinhua: "China says Google breaks promise, totally wrong to stop censoring"

Another article from a Chinese state run news agency, reflecting state position on Google move.  See article here.

WSJ: Google's Brin Talks About China Gamble

Another good article found here.

Google Blog - "A New Approach to China: An Update"

Interesting blog post by David Drummond, SVP, Corporate Development and Chief Legal Officer for Google, view here.

Grievance Processes for Internal and External Stakeholders

The purpose of this post is to consider the issue of internal and external stakeholder grievance mechanisms from a legal perspective.  The impetus was an interesting article I read by John Sherman, a senior fellow with the Corporate Social Responsibility Initiative of Harvard Kennedy School on the topic.

Law Times: Workplace death sparks charges

"Ontario’s first instance of criminal charges against a corporation under a recent federal law may be a signal authorities are taking a more aggressive approach to workplace safety following a recent public outcry."  See full article here.

Report: Nestle Cancels Sinar Mas Contract After Greenpeace Palm Oil Report

"Nestle has replaced the Indonesian company Sinar Mas as a supplier of palm oil with another supplier for further shipments. The Switzerland-based company has also committed to using only "certified sustainable palm oil" in its products by 2015."  See full article here.

FT: Google to shut China search engine

"Google has drawn up detailed plans for the closure of its Chinese search engine and is now “99.9 per cent” certain to go ahead as talks over censorship with the Chinese authorities have reached an apparent impasse, according to a person familiar with the company’s thinking."

See full article from Financial Times here.