The Missing T: Part I

Bite-Sized Business Law

The Environmental, Social, and Governance (ESG) movement is often hailed as one of the most transformative initiatives in modern corporate history. But are we overlooking a critical element that could redefine what it means to be a truly responsible corporation? In this episode, we explore an often-overlooked aspect of ESG—what the authors of a groundbreaking paper call the “missing T.” We are joined by Danielle Chaim, Assistant Professor at Bar-Ilan University, whose research focuses on the intersection of corporate governance and financial markets, and Gideon Parchomovsky, Professor of Law at the University of Pennsylvania Carey Law School, a leading expert in intellectual property and privacy law. Together, they unravel how corporate tax plays a pivotal role in shaping sustainable and equitable business practices. They discuss the growing trend of investors gravitating towards companies aligned with ESG principles and the ESG successes that corporations have achieved. Explore the blind spots within the ESG movement and how aggressive tax behaviors can significantly undermine the progress made by ESG initiatives. Gain insights into how corporations take advantage of legal tax avoidance strategies, why ESG rating agencies are partly to blame, the role of institutional investors, transparency, and more. Join us to discover the hidden complexities of ESG and how the “missing T” could be the key to truly sustainable business practices. Tune in now!

Key Points From This Episode:

• What the ESG movement is and its rise in popularity among investors.
• How the dysfunctional nature of politics has driven ESG in business.
• Discover the biggest problem and flaw facing the ESG movement.
• Aggressive tax behavior and why corporations are not held accountable for it.
• Hear examples of the various tax loopholes that corporations leverage.
• Unpack the tax behavior trends of large and powerful corporations in recent years.
• Why the government still has a significant role to play in the ESG movement.
• Explore why partnerships between governments and corporations are vital.
• Uncover the mystery behind ESG rating agencies and their rating methodology.
• The relationships between high ESG ratings and aggressive tax behavior.
• Final takeaways and what can be done to fill the tax gap in the ESG framework.

Links Mentioned in Today’s Episode:

Danielle Chaim on LinkedIn

Danielle Chaim at Bar-Ilan University

Gideon Parchomovsky at University of Pennsylvania Carey Law School

‘The Missing "T" in ESG’

‘ESG to hit $40tn by 2030 says Bloomberg’

The Institute on Taxation and Economic Policy (ITEP)

Fordham University School of Law Corporate Law Center