The concept of environmental, social and governance issues is gaining importance, especially in deals. The buzzword of late, ESG's growing trend is largely due to heightened regulatory focus on disclosure and enforcement by the U.S. Securities and Exchange Commission.
In the growing regulatory framework, acquirers, targets and investors should properly account for ESG in mergers and acquisitions. A company's ESG profile is typically represented by a score that is calculated from data surrounding specific metrics related to intangible assets.
ESG can be considered a corporate social credit score that is gaining more and more attention by investors — individual and institutional.
Morgan Stanley & Co. LLC recently conducted a survey that found over 90% of millennial investors were interested in sustainable investing. As millennials begin to comprise a larger segment of the total pool of investors, we can expect the importance of ESG investing to grow in tandem.
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The US Supreme Court has ruled that a “pure omission” under Item 303 of Securities and Exchange Commission Regulation S–K cannot give rise to a private action for securities fraud under Section 10(b) and Rule 10b-5(b) of the Securities Exchange Act of 1934.
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