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.  ...›

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.” ...›

September 3, 2020Resources

Recent Changes in Human Capital and D+I for Public Companies

On August 26, 2020, the Securities and Exchange Commission (SEC) announced, as part of its ongoing initiative to modernize Regulation S-K disclosure, amendments that add human capital resources as a separate disclosure topic, including any human capital measures or objectives that issuers focus on in managing their business.  This development follows years of mounting pressure from ...›

September 3, 2020Resources

New California Law to Require Representation from “Underrepresented Communities” on Boards of Public Companies Headquartered in California

California’s Assembly Bill (“AB”) 979 is set to make waves both within the state and across the country as a groundbreaking new law that would require companies to diversify their boards and reserve seats for directors from “underrepresented communities.” The bill defines a director from an “underrepresented community” as “an individual who self-identifies as Black, ...›

August 12, 2020Corporate Form, Measuring, Reporting

SASB and GRI Team Up to Tackle the Opaque Landscape of ESG Reporting

The year 2020 was already predicted to be a year of heightened focus on environmental, social, and governance (ESG) topics for public companies—and that was before the COVID-19 pandemic and widespread protests galvanized by the Black Lives Matter movement increased the call for corporate discussion and action on topics ranging from operational resilience and risk ...›