A recent Alaska Supreme Court decisions addresses, but does not decide, the question of whether a corporation may punish a director by withholding corporate information. In Borer v. Eyak Corp., 2022 Alas. LEXIS 37, winning candidate for a seat on the board of directors of an Alaska Native Corporation declined to sign the corporation’s confidentiality agreement and code of conduct. The Code of Conduct included the following provision:

[A] director who breaches the Confidentiality Agreement . […]

Corporations are increasingly responding to environmental, social and corporate governance (ESG) concerns, driven by evolving public sentiment and investor demands. This has taken the form of corporate pledges of action on ESG issues, sometimes from the directors and officers (D&Os). Cannabis companies have been trailblazers on social equity, inclusion and environmental issues, highlighting their importance long before ESG gained traction in the wider corporate world. Despite its well-intentioned words and actions, however, the cannabis […]