Another year of a pandemic coupled with the public's focus on social justice issues and climate change have made "ESG" a hot topic for this upcoming proxy season. The term "ESG" refers to the environmental, social, and governance factors used by many investors to evaluate companies. Employment laws play a meaningful role in the "S" and "G" factors of ESG, including, but not limited to, a company's diversity efforts, workplace conditions, and anonymous reporting measures to address leadership issues. Many companies have already implemented ESG efforts and many more are considering the issues, including whether to make ESG-related disclosures. Companies should be cautious not to overstate efforts, as doing so may risk Rule 10b-5 violations or other legal liabilities.