Description
Gain a better understanding of the various corporate code of conduct types and the pros and cons of launching a more robust code of conduct.Companies have been issuing codes of conduct and ethics for decades. Now, in this era of ESG, CSR, DEI, and ethical investing, conduct codes are more vital and complex than ever before. And these codes draw more scrutiny than they used to. This fastpaced session makes the case for launching a robust code of conductbut it also sets out the devil’s advocate position, explaining how an overly aggressive conduct code can trigger expensive problems. In the session, we distinguish the various types of corporate codes of conduct, list the topics that conduct codes usually address, and cover code of conduct enforcement and auditing.
Date: 2023-05-04 Start Time: End Time:
Learning Objectives
Codes of Conduct Come in Many Flavors
• Distinguishing Employment-Related Versus Non-Employment-Related Conduct Codes, Internal Codes of Conduct/Ethics vs. Supply Chain Codes, Domestic vs. International Codes, Company-Drafted Codes vs. Industry Codes, Conduct/Ethics Topics Addressed in Codes vs. Addressed Off-Code in Handbooks/Policies
• Imposing a Code on Non-Employee Stakeholders
Topics Addressed in a Code
• Internal Code Topics
• Addressing These Topics Outside a Code-Redundancies and Non-Alignment
• Supply Chain Code Topics
Code Provisions Requiring Legal Compliance-and Those Going Beyond
Business Case for a Tough Code Robustly Promoting ESG, CSR, DEI, Ethical Investing
• Internal HR Communications, PR, Community Relations
• Investor Relations and Eligibility for Ethical Investing Funds
• Implementing External Commitments (B Corp, Customer Requirements, Government Contracts)
Devils Advocate Case Against a Code Mandating More Than Legal Compliance
• Pronouncements That Sound Good to U.S. Audiences but Do Not Work Abroad
• The Check-The-Box Charge: Aspirational Content vs. Enforced Commitments
• External Code Enforcement: PR Campaigns/Hypocrisy Charges, Anti-Woke Blow-Back, U.S. Union Drives and International Corporate Campaigns, U.S Litigation
Mechanics and Technical Issues in Promulgating a Global Code
• Imposing an Internal Code on Worldwide Operations: Subsidiaries, Employees, Contractors
• Imposing a Supply Chain Code on Direct and Down-Chain Suppliers
• Challenges Imposing, Monitoring, and Enforcing Supply Chain Codes
Auditing Code Compliance
Donald C. Dowling, Jr.-Littler Mendelson P.C.
