For more than 30 years, leading public and private companies, asset managers and trade associations have turned to Michael Littenberg for advice on M&A, capital markets, corporate governance and ESG, CSR and business and human rights matters.
Michael has handled hundreds of M&A and capital markets transactions over the course of his career. These transactions have involved companies across a diverse range of industries totaling tens of billions of dollars of value.
Michael is the global head of the firm’s ESG, CSR & Business and Human Rights compliance practice. He is widely recognized as a leading ESG, CSR and business and human rights practitioner, having advised clients on compliance requirements and stakeholder expectations for his entire career. Michael is highly ranked for both ESG and business and human rights by Chambers Global, among other accolades and awards. Clients note that Michael “melds subject matter expertise, awareness of industry practice and a sense of practicality in his counseling.” Michael has authored hundreds of thought leadership pieces on a diverse range of ESG, CSR and Business and Human Rights topics, and is often quoted in the media.
Michael is also a steering committee member of R&G Insights Lab, a differentiated Ropes & Gray solution for corporate governance and risk in complex business environments.
Credentials
Education
- JD, magna cum laude, Tulane University Law School; associate editor, Tulane Law Review Order of the Coif
- BS, Indiana University
Admissions
New York, 1991
Publications
- Quoted, "Anti-ESG Bills, Priorities Stall in Congress’ Fourth Quarter," Bloomberg Law (August 29, 2024)
- Quoted, "ESG Firms to Court: Climate Disclosures Help Investors," Ignites (August 23, 2024)Quoted, "Anti-ESG Slowdown," Politico (July 2, 2024)
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Quoted, "BlackRock Teams with Police, Fire Labor Groups to Push Back on 'Politics' in Investing," FundFire (July 2, 2024)
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Quoted, "Pressure Mounts on EU to Delay Deforestation Rules," ESG Investor (July 2, 2024)
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Quoted, "Anti-ESG Slowdown," Politico (July 2, 2024)
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Quoted, "BlackRock throws support behind effort to move pensions beyond ESG" Financial Times (June 29, 2024)
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Co-Author, “Gone Bananas: Will the Transitory Tort Doctrine Be the Next Big Thing in Human Rights Claims Against U.S. Multinationals?” Ropes and Gray Viewpoint (July 9, 2024)
- Cited, “Anti-ESG Slowdown,” Politico (July 2, 2024)
- Quoted, “White House Push to Rein in ‘Wild West’ Voluntary Carbon Markets Could Bolster Investor Confidence,” Pensions & Investments (June 13, 2024)
- Quoted, “Some Corporations Seek to Silence ‘Trojan Horse’ Activists,” The Wall Street Journal (May 22, 2024)
- Quoted, “Sunnier Outlook for California Climate Reporting,” ESG Investor (May 20, 2024)
- Interview, “Ropes & Gray Partners on the Laws Threatening ESG: ESG Currents,” Bloomberg Intelligence (April 17, 2024)
- Quoted, “Garcia’s Take: ESG Risk Management Rises as ESG Investing Fades,” The Wall Street Journal (April 12, 2024)
- Quoted, “SEC Issues Voluntary Stay as Litigation Over Climate Rules Pend,” Sourcing Journal (April 8, 2024)
- Quoted, “Amid Legal Challenges, SEC Pauses its Climate Rule,” Associated Press (April 5, 2024)
- Featured, “Ropes & Gray Partners on the Laws Threatening ESG: ESG Currents,” Bloomberg Intelligence ESG Currents Podcast (April 17, 2024)
- Quoted, “ESG Risk Management Rises as ESG Investing Fades,” Wall Street Journal Private Equity Pro (April 12, 2024)
- Quoted, “Amid Legal Challenges, SEC Pauses its Climate Rule,” Associated Press (April 5, 2024) republished in ABC News.com, Houston Chronicle, San Francisco Chronicle, San Diego Union Tribune, Albany Times Union
- Profiled, “2024 Legalweek Leaders in Tech Law Awards - ESG Enablement Through Technology Winner, Law Firm: Ropes & Gray,” Legaltech News and Law.com (April 2, 2024)
- Quoted, “Carbon Credits Draw Fresh Attention Under SEC’s New Climate Rules,” Wall Street Journal Private Equity Pro (March 27, 2024)
- Quoted, “Explainer: What is going on with the SEC climate rule litigation,” Responsible Investor (March 20, 2024)
- Quoted, “SEC Climate Rule Prompts a Rush to Sue. Experts Say Companies are Likely to Prepare to Comply Anyway,” Associated Press (March 20, 2024), republished in ABC News, Washington Post, San Francisco Chronicle, Canada Financial Post, Yahoo Finance
- Quoted, “SEC Faces Backlash Over Scope 3 Removal,” ESG Investor (March 7, 2024)
- Quoted, “SEC Approves Rule Requiring Some Companies to Report Greenhouse Gas Emissions. Legal Challenges Loom,” Associated Press (March 6, 2024)
- Quoted, “Sued on Both Sides: SEC Braces for Lawsuits from Supporters and Critics of Climate Rule,” Financial Times (March 6, 2024)
- Quoted, “How A Climate Rule Got Watered Down,” The New York Times (March 5, 2024)
- Co-author, “SEC Set to Adopt Climate Disclosure Rules on March 6,” Harvard Law School Forum on Corporate Governance (March 2, 2024)
- Quoted, “SEC to finalize climate disclosure rules on March 6,” IFR (February 29, 2024)
- Quoted, “SEC Expected to Finalize Climate Rules Imminently,” International Financing Review (IFR) (February 26, 2024)
- Quoted, “SEC Dropping Scope 3 Disclosure Requirement Will Not Prevent Legal Action, Lawyer Warns,” Environmental Finance (February 26, 2024)
- Interview, Global Dealmakers (December 12, 2023)
- Co-author, “ESG and Public Pension Investing in 2023: A Year-to-Date Recap and Analysis,” Harvard Law School Forum on Corporate Governance (November 22, 2023)
- Quoted, “California Law Targets Companies’ Use of “Bogus” Carbon Offsets,” The Fashion Law (October 17, 2023)
- Co-author, “Ropes & Gray Discusses the California Climate Bill Almost No One Is Talking About,” Columbia Law School Blue Sky Blog (October 12, 2023)
- Quoted, “Companies Fear Lawsuits From California’s Climate Disclosure Rules,” Reuters and Yahoo Finance (October 12, 2023)
- Quoted, “ESG Investing: Will U.S. Culture Wars Reverse the Trend Toward Considering Environmental, Social and Governance Factors?,” Congressional Quarterly Researcher (October 6, 2023)
- Quoted, “California Takes Heat Off SEC,” ESG Investor (October 4, 2023)
- Quoted, “Green Hub: Navigating ESG Politics: The US Predicament,” The Legal 500 (August 2023)
- Author, “The NHS supplier carbon reduction obligations: An overview,” Med-Tech Insights (August 23, 2023)
- Quoted, “Massachusetts Powerhouse: Ropes & Gray,” Law360 (August 23, 2023)
- Quoted, “Explainer: What to expect once the SEC sets its final climate disclosure rules,” Financial Times Sustainable Views (August 23, 2023)
- Quoted, “Climate Change Will Up Pressure on The Over Energy-Hungry Data Centers,” Corporate Counsel (June 15, 2023)
- Quoted, “Shareholder Activists Drag Companies into Culture Wars,” The Wall Street Journal (May 23, 2023)
- Quoted, “Vodafone and Nestlé Created Panels to Avoid ‘Greenwashing’ Allegations,” The Wall Street Journal (May 23, 2023)
- Quoted, “SEC’s Climate-Disclosure Rule Isn’t Here, But It May as Well Be, Many Businesses Say,” The Wall Street Journal (April 25, 2023)
- Quoted, “SEC Keeps Heat on Cos. Seeking to Bar Investor Proposals,” Law360 (March 30, 2023)
- Interview, “Michael Littenberg of Ropes & Gray on California’s SB 253 and 261,” Watershed (March 24, 2023)
- Quoted, “SEC Keeps Heat on Cos. Seeking to Bar Investor Proposals,” Law360 (March 30, 2023)
- Profiled, “Michael Littenberg of Ropes & Gray on California’s SB 253 and 261,” Watershed (March 24, 2023)
- Quoted, “Barrage of New Laws, Regulations Coming in 2023,” Corporate Counsel (January 11, 2023)
- Co-author, “Complying with the Uyghur Forced Labor Prevention Act: A Detailed Compliance Roadmap,” Employee Relations Law Journal (Spring 2023)
- Quoted, “Five Steps of a Racial Equity Audit of a PE Sponsor’s Portfolio Companies,” Private Equity Law Journal (December 29, 2022)
- Co-Author, "Quest for Control of Legal Spending Continues as LP Scrutiny Intensifies," Private Equity Law Report (December 29, 2022)
- Co-author, “Climate Disclosure and ERISA Rules Put Companies on Notice,” Bloomberg Law (December 27, 2022)
- Quoted, “Companies Must Reduce Impact on Biodiversity Under New U.N. Rules,” The Wall Street Journal (December 19, 2022).
- Interviewed, “Purpose, Logistics and Future of PE Sponsors Using Racial Equity Audits to Evaluate Their Portfolios’ DEI Efforts,” Private Equity Law Report (December 15, 2022)
- Co-author, “Preparing for new CTPAT forced labor compliance requirements,” Westlaw Today (December 14, 2022)
- Quoted, “BlackRock’s ESG Stance Gets Costlier in Red States,” The New York Times (December 2, 2022)
- Quoted, “Florida to Pull $2 Billion from BlackRock in Spreading ESG Backlash,” Financial Times (December 1, 2022)
- Quoted, “EU Looks to Follow Tough U.S. Action on Forced Labor,” The Wall Street Journal (October 31, 2022)
- Co-author, “State Regulation of ESG Investment Decision-making by Public Retirement Plans,” Harvard Law School Forum on Corporate Governance (October 25, 2022)
- Quoted, “The 2022 NLJ Awards: Professional Excellence – ESG & Community Impact Leaders,” The National Law Journal (October 21, 2022)
- Quoted, “SEC climate disclosure rule certain to be challenged,” Pensions & Investments (October 3, 2022)
- Quoted, “6 U.S. Banks Will Assess Their Climate Resilience in Fed Pilot Program,” The Wall Street Journal (September 29, 2022)
- Co-author, “European commission proposes sweeping regulation to ban products made with forced labor,” Westlaw Today (September 28, 2022)
- Featured, “Legal Lessons from Conflict Minerals Disclosures and Potential Parallels in Climate Disclosures,” PracticalESG (September 22, 2022)
- Co-author, “The T—what—FD? A new framework for inequality-related financial disclosures is under development,” Westlaw Today (September 13, 2022)
- Co-author, “Preparing for the SEC’s Climate Disclosure Rules,” Today’s General Counsel (September 6, 2022)
- Quoted, “Ben & Jerry’s Israel fight Carries ESG Lesson for Deal Makers,” Bloomberg Law (August 10, 2022)
- Co-author, “The SEC’s Shot Across the Bow on ‘Greenwashing’ in ESG Funds,” New York Law Journal (June 15, 2022)
- Quoted, “The SEC’s Climate Challenge,” Corporate Board Member (2022)
- Co-author, “Five Steps to a Successful ESG Stakeholder Assessment,” Corporate Board Member (2022)
- Co-author, “Taskforce on Nature-Related Financial Disclosures Framework: Overview of First Beta Release,” Harvard Law School Forum on Corporate Governance (June 12, 2022)
- Quoted, “ESG Funds Provision Hinges on Another (Controversial) Proposal” Financial Times Ignites (June 1, 2022)
- Co-author, “A Q&A on the European Commission’s Proposed Corporate Sustainability Due Diligence Directive,” Oxford Business Law Blog (May 10, 2022
- Co-Author, “Swiss Conflict Minerals and Child Labor Due Diligence and Reporting by Many U.S.-Based Multinationals Doing Business in Switzerland,” Employee Relations Law Journal (Summer 2022)
- Quoted, “Winners and losers at this year’s AGMs,” Financial Times (May 4, 2022)
- Quoted, “SEC Climate Proposal has Finance Chiefs ‘In the Hot Seat,’” Financial Times (May 4, 2022)
- Co-author, "Ten Thoughts on the SEC’s Proposed Climate Disclosure Rules," Harvard Law School Forum on Corporate Governance (April 30, 2022)
- Co-author, “10 Considerations After SEC’s Climate Disclosure Proposal,” Law360 (April 28, 2022)
- Co-author, “Five Steps to a Successful ESG Stakeholder Assessment,” Crowe LLP global accounting (April 25, 2022)
- Co-author, “Swiss Conflict Minerals and Child Labor Due Diligence Legislation Takes Effect; Requires Due Diligence and Reporting by Many U.S.-Based Multinationals Doing Business in Switzerland,” Employee Relations Law Journal (Summer 2022)
- Co-author, “Racial Equity Audits Can Help Bridge the Gap Between Words and Actions,” New York Law Journal (March 23, 2022)
- Quoted, “China Forced-Labor Law Risks Snarling Supply Chains, ESG Goals,” Bloomberg Law (January 27, 2022)
- Profiled, “Uyghur Forced Labor Prevention Act Brings New Requirements for Supply-Chain Compliance,” Anti-Corruption Report (January 19, 2022)
- Co-author, “California Adopts Garment Worker Protection Act, Creating New Obligations for Manufacturers, Contractors and Brands,” Employee Relations Law Journal (Spring 2022)
- Co-author, “Mandatory Human Rights Due Diligence: Guidance for Suppliers Operating in Asia,” The Remedy Project (December 2021)
- Chapter Author, “The Legal Case for Supply Chain Due Diligence,” Assent Compliance, Budgeting for Compliance (December 2021)
- Quoted, “The world inches closer to ’alignment’ on global ESG standards,” Fortune (December 15, 2021)
- Quoted, “US Climate Reporting Framework Expected Q1 2022,” ESG Investor (December 8, 2021)
- Co-author, “SEC Highlighting the Need to Consider Climate Change Disclosures in SEC Filings,” Harvard Law School Forum on Corporate Governance (October 24, 2021)
- Cited, “We put these ESG lawyers to the test,” Reuters (July 26, 2021)
- Quoted, “More companies are citing water scarcity as a financial risk in regulatory filings,” CBS News.com and CBS Moneywatch (July 22, 2021)
- Quoted, “SEC Unlikely To Mimic EU in ESG Rule,” Ignites (July 12, 2021)
- Quoted, “Focus on human rights a challenge in China,” Pensions & Investments (April 19, 2021)
- Co-author, “U.S. State Department Issues Human Rights Compliance Guidance for Products and Services With Surveillance Capabilities,” The Journal of Robotics, Artificial Intelligence & Law (March 2021)
- Co-author, “Fashion Industry Guide for Capital Markets,” Lexis Practice Advisor (June 12, 2020)
- Quoted, “Four Unfinished Dodd-Frank Rules to Watch at SEC in 2020,” Bloomberg Law (December 27, 2019)
- Quoted, “Kang’s Take: The Road Less Traveled to Initial Public Offerings,” WSJ Pro Private Equity (March 6, 2018)
- Co-author, “Fashion Industry Practice Guide,” Lexis Practice Advisor (November 2017)
- “Regulation Fair Disclosure,” Insider Trading Law and Compliance Answer Book (Practising Law Institute) (2011-2016)*
- “SEC Proposes Pay Ratio Disclosure Rule,” (October 11, 2013)*
- “General Solicitation and General Advertising to be Permitted in Private Placements Starting September 23,” (August 13, 2013)*
- “SEC Adopts Compensation Committee and Adviser Independence Rules,” (June 28, 2012)*
- “An Overview of the US Jobs Act for OTCQX International Issuers,” (May 11, 2012)*
*Prior to joining Ropes & Gray
Presentations
- Co-author, “Congressional Republicans Continue Attack on 2022 ESG Rule,” The Harvard Law School Forum on Corporate Governance (August 2, 2023)
- “Global Perspectives: Navigating the Global ESG Regulatory Framework,” American Conference Institute's Second Annual Summit on ESG (October 2022)
- “Global Spotlight: Trends in International Food Law and Supply Chain Policy,” FoodBev Exchange (October 2020)
- “Regulatory Developments: SEC, PCAOB and the Tax Cuts and JOBS Act,” The Society for Corporate Governance, New York Chapter (February 2018)
- “Hot Topics in Disclosure and Capital Raising,” NYSSCPA SEC Conference (October 2016)
- “Best Practices to Prevent, Detect and Investigate Third Party Risk,” Thomson Reuters Financial & Risk Summit Panel Session (May 2016)
- “Building a Comprehensive Third-Party Risk Management Program,” (October 2015)*
- NYSSCPA Public Company Accounting and Auditing Conference (October 2014)*
- NTMA 2014 Fall Conference (October 2014)*
- SABR 2nd Institutional Investor Best Ideas Conference (October 2014)*
- “The JOBS Act Roll-Out Continues: Capitalizing on Crowdfunding and Reg A+” and “The SEC’s Proposed Pay Ratio Disclosure Rule,” (January 2014)*
*Prior to joining Ropes & Gray
Awards
- Legalweek Leaders in Tech Law Awards “ESG Enablement Through Technology” (2024)
- Legal 500 – Green Guide (2023)
- Chambers Global (2018-2024)
- The National Law Journal “ESG and Community Impact Leaders Award” (2022)
- Legal 500 (2017)
- New York Super Lawyers (2009-2023)
- New York Super Lawyers Top 100 List (2012-2018)
Memberships & Affiliations
- SASB Sector Advisory Group
- Social Responsibility Alliance Development Committee
- Army Heritage Center Foundation, Board of Directors