From “To B or Not To B”

1. A “B Corporation” is Not a New Corporate Form
A “B Corporation” or “B Corp” is a certification mark – like a “Good Housekeeping” seal of approval or “LEED” certification.  B Labs has done a very good job of creating a framework for companies to evaluate their business and operations on ESG factors and to then receive a score or ranking. 


September 27, 2016Corporate Form, Deal Structures

From “To B or Not To B”

1. A “B Corporation” is Not a New Corporate Form A “B Corporation” or “B Corp” is a certification mark – like a “Good Housekeeping” seal of approval or “LEED” certification.  B Labs has done a very good job of creating a framework for companies to evaluate their business and operations on ESG factors and to then receive a score or ranking.  ...›

January 28, 2021Reporting, Resources

ISS, Glass Lewis, and Now Nasdaq – Board Diversity Is Here

On December 1, 2020, the Nasdaq Stock Market LLC (“Nasdaq”) proposed to adopt listing rules related to board diversity after determining that the national market and the public interest would benefit from a regulatory framework designed to promote “meaningful and multi-dimensional diversification of their boards.” This news comes following the influx of recent state laws ...›

December 8, 2020Resources

First Steps toward Recovery: Saving Small Businesses

Suz Mac Cormac spoke to the Little Hoover Commission for the Commission’s new report on the economic impacts of the COVID-19 pandemic and small business recovery. Suz shared her perspective on how California can support small enterprises and her work spearheading the CA Rebuilding Fund and CASE Task Force. “Small business owners need access to resources ...›

December 7, 2020Resources

Climate Links 12/7/2020

MoFo’s weekly Climate Links provide the latest industry updates from thought-leaders and third-party sources. This week: Future of Sustainability in Investment Management: From Ideas to Reality, CFA Institute The CFA Institute develops a narrative about the history and current state of sustainable investing and how the sustainability trend of the next 5–10 years is expected ...›

November 24, 2020Funding/Financing, Resources

Morrison & Foerster Spearheads Launch of California Rebuilding Fund

California Governor Gavin Newsom today announced the launch of The California Rebuilding Fund (the Fund), a program built to support California’s smallest businesses so they can adapt, reopen, and recover from the effects of COVID-19. The California Rebuilding Fund is a public-private partnership that drives capital from private, philanthropic and public sector resources – including a $25 ...›

November 20, 2020Resources

Climate Links 11/20/20

MoFo’s weekly Climate Links provide the latest industry updates from thought-leaders and third-party sources. This week: How the Platform on Sustainable Finance Will Help Define our Green Future, European Bank for Reconstruction and Development, 2020. The newly formed Platform on Sustainable Finance, a building block in the European Union’s plan to green its economy, is a ...›

November 18, 2020Funding/Financing

Patents to Save the Planet

Suz Mac Cormac, Rufus Pichler, and Otis Littlefield argue that patent licensing is a potentially powerful tool to address climate change in an article authored for Intellectual Property Magazine. “Increasingly, companies with green technology are also focused on monetizing environmental benefits,” the authors wrote. “But monetizing a patent portfolio doesn’t have to be the only goal. ...›

November 12, 2020Measuring, Reporting

IRS Rules That Impact Investment Fund Is Not Charitable Activity

Over the last decade, impact investing has become a significant focus of many nonprofits, just as it has captured the attention of investors who care about social benefit or environmental results as much as financial results. The IRS recently issued a ruling that is a warning to public charities engaged in developing impact-investing opportunities and ...›

October 21, 2020Funding/Financing, Resources

Impactful Conversations: Discussing Community Development Financial Institutions (CDFIs)

In this episode of Impactful Conversations, Michael Santos, a social enterprise and impact investing associate in Morrison & Foerster’s San Francisco office, interviews Bulbul Gupta, the president and CEO of Pacific Community Ventures (PCV), a Community Development Financial Institutions (CDFI) fund based in Oakland, California. Listen to the full podcast. ...›

September 30, 2020Funding/Financing, Resources

Impactful Conversations: A Conversation with Andrew Macintosh at March Fund

In this episode of Impactful Conversations, Susan Mac Cormac, the chair of MoFo’s Energy and Social Enterprise and Impact Investing practices, interviews Andrew Macintosh, the COO and CFO of the March Fund—a tech fund focused on the development of food and health solutions that support the sustainable food supply chain and optimize health outcomes. Andrew speaks ...›

September 3, 2020Resources

Capital Markets Embrace a Novel Corporate Form

In 2013, Delaware passed legislation adopting a new corporate form, the public benefit corporation (PBC), with a view to allowing directors of for-profit corporations to take actions not just in pursuit of stockholder returns, but also with the “[intent] to produce a public benefit or benefits and to operate in a responsible and sustainable manner.” ...›