The B Corp Handbook
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Publicized Private Action As the Anti-Greenwashing Mechanism in Modern Society
Is Twitter the New FTC and EPA? Publicized Private Action as the Anti-Greenwashing Mechanism in Modern Society CLAIRE FISCHER* TABLE OF CONTENTS Introduction ................................................. 315 I. Background ............................................. 316 II. Current Regulation and Enforcement Efforts ..................... 319 A. Federal Regulation and Enforcement ....................... 319 1. Federal Trade Commission .......................... 319 2. Environmental Protection Agency ..................... 320 3. Food & Drug Administration ........................ 321 4. U.S. Department of Agriculture ....................... 322 B. State Regulation and Enforcement ........................ 323 C. Nongovernmental Enforcement .......................... 324 D. private right of action for competing companies ... 324 III. Analysis ............................................... 325 A. Greenwashing Enforcement: then and Now . 325 1. Executive Action Trending Away from Environmental Protection ...................................... 326 2. Disempowerment of Federal Agencies ... 327 B. Use Of Private Lawsuits To Pick Up The Government's Slack . 328 1. The (Not So) Honest Co.: The Reward of Private Action . 328 2. La Croix: The Risk of Private Action ... 330 3. Common Law as a Gap Filler (and Nudge) for Federal Regulation ...................................... 331 IV. Conclusion ............................................. 332 INTRODUCTION Consumers are using their wallets to enact environmental and social change, now more than -
Printmgr File
Subject to Completion, dated April 26, 2021 the PRELIMINARY PROSPECTUS 25,807,000 Shares t seek an offer to COMMON STOCK This is an initial public offering of shares of common stock of The Honest Company, Inc. We are offering 6,451,613 shares of our common stock and the selling stockholders identified in this prospectus, including certain of our directors and executive officers, are offering an additional 19,355,387 shares of our common stock. We will not receive any proceeds from the sale of shares by the selling stockholders. Prior to this offering, there has been no public market for our common stock. It is currently estimated that the initial public offering price for our common stock will be between $14.00 and $17.00 per share. We have applied to list our common stock on The Nasdaq Global Select Market under the symbol “HNST.” We are an “emerging growth company” as defined under the federal securities laws and, as such, we have elected to comply with certain reduced reporting requirements for this prospectus and may elect to do so in future filings. Investing in our common stock involves risks. See the section titled “Risk Factors” beginning on page 20 to read about factors you should consider before buying our common stock. Neither the Securities and Exchange Commission nor any other regulatory body has approved or disapproved of these securities or passed upon the accuracy or adequacy of this prospectus. Any representation to the contrary is a criminal offense. Per Share Total Initial public offering price ................................... $ $ Underwriting discounts and commissions(1) ..................... -
The Return of High-Profile Beauty Deals
Beauty Care M&A Report - Q2'18 The Return of High-Profile Beauty Deals intrepidib.com | Mergers & Acquisitions | Capital Markets | Strategic Advisory 11755 Wilshire Blvd., 22nd Floor, Los Angeles, CA 90025 T 310.478.9000 F 310.478.9004 Member FINRA/SIPC The Return of High-Profile Beauty Deals The Beauty Care M&A market continued to thrive with another 28 transactions in Q2’18, representing the fourth quarter in a row with over 25 transactions, the first time in beauty care M&A history. Intrepid had reported a “fairly ho-hum start” in Q1’18 but anticipated a strong rebound in higher profile deals in Q2’18—and the M&A markets delivered. Not only was transaction volume strong with a 21.7% increase over Q2 of last year but there were numerous prominent and large transactions from both strategic and private equity acquirers. Q2’18 Beauty Care M&A highlights include: ● Deal volume increased 21.7% from Q2’17 and was flat with Q1’18. ● L’Oréal completed two transactions in the quarter, and its third of 2018, following a year of limited acquisition activity in 2017. ● TPG made its mark on beauty care in the quarter with two large minority investments in Anastasia Beverly Hills and Rodan+Fields. ● The Hut Group continued as one of the most active acquirers with its purchase of Eyeko. ● Private equity groups remained active with notable deals from Tengram Capital, L Catterton and Gryphon Investors. Steve Davis Managing Director Head of Beauty & Personal Care [email protected] intrepidib.com | Mergers & Acquisitions | Capital Markets | Strategic Advisory 11755 Wilshire Blvd., 22nd Floor, Los Angeles, CA 90025 T 310.478.9000 F 310.478.9004 Member FINRA/SIPC Recently Closed Transactions TPG Makes Minority Investment in Anastasia Beverly Hills A little over a month after securing a minority investment in Rodan+Fields, TPG Capital acquired a minority stake in Anastasia Beverly Hills, a Los Angeles-based, prestige makeup and eyebrow brand. -
FIRST AMENDED CLASS ACTION COMPLAINT – Michael V
Case 2:15-cv-07059-JAK-AGR Document 36 Filed 01/08/16 Page 1 of 57 Page ID #:244 1 NICHOLAS A. CARLIN (SB 112532) [email protected] 2 CONOR H. KENNEDY (SB 281793) [email protected] 3 PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP 39 Mesa Street, Suite 201 4 The Presidio San Francisco, CA 94129 5 Telephone: 415-398-0900 6 Facsimile: 415-398-0911 7 Leonard B. Simon (CSB #58310) The Law Offices of Leonard B. Simon 8 655 West Broadway, Suite 1900 San Diego, CA 92101 9 Tel: 619-338-4549 Fax: 619-231-7423 10 Email: [email protected] 11 REBECCA A. PETERSON (SB 241858) [email protected] 12 ROBERT K. SHELQUIST [email protected] 13 LOCKRIDGE GRINDAL NAUEN P.L.L.P 100 Washington Avenue South, Suite 2200 14 Minneapolis, MN 55401 Tel: 612-339-6900 15 Fax: 612 339-0981 16 Additional Counsel Listed on Signature Page 17 Attorneys for Plaintiffs 18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA 20 SHANE MICHAEL, JONATHAN D. Case No: 2:15-cv-07059-JAK (AGRx) 21 RUBIN, DREAMA HEMBREE, ETHEL LUNG, AND STAVROULA FIRST AMENDED AND 22 DA SILVA each individually and on CONSOLIDATED CLASS ACTION behalf of all those similarly situated, COMPLAINT 23 Plaintiffs, JURY TRIAL DEMANDED 24 v. 25 [Consolidated with Rubin v. The THE HONEST COMPANY, INC, Honest Company, Inc., Case No. 2:15- 26 cv-09091-JAK-AGR] Defendant. 27 1 FIRST AMENDED CLASS ACTION COMPLAINT – Michael v. The Honest Company, Inc., 2:15-cv-07059-JAK (AGRx) Case 2:15-cv-07059-JAK-AGR Document 36 Filed 01/08/16 Page 2 of 57 Page ID #:245 1 INTRODUCTION 2 1. -
NFAP Policy Brief: Immigrants and Billion Dollar Startups, March 2016
NATIONAL FOUNDATION FOR AMERICAN POLICY NFAP POLICY BRIEF » M A R C H 2 0 1 6 IMMIGRANTS AND BILLION DOLLAR STARTUPS BY STUART ANDERSON EXECUTIVE SUMMARY Immigrants play a key role in creating new, fast-growing companies, as evidenced by the prevalence of foreign- born founders and key personnel in the nation’s leading privately-held companies. Immigrants have started more than half (44 of 87) of America’s startup companies valued at $1 billion dollars or more and are key members of management or product development teams in over 70 percent (62 of 87) of these companies. The research finds that among the billion dollar startup companies, immigrant founders have created an average of approximately 760 jobs per company in the United States. The collective value of the 44 immigrant-founded companies is $168 billion, which is close to half the value of the stock markets of Russia or Mexico. The research involved conducting interviews and gathering information on the 87 U.S. startup companies valued at over $1 billion (as of January 1, 2016) that have yet to become publicly traded on the U.S. stock market and are tracked by The Wall Street Journal and Dow Jones VentureSource. The companies, all privately-held and with the potential to become publicly traded on the stock market, are today each valued at $1 billion or more and have received venture capital (equity) financing. Among the key findings: - The research finds that 51 percent, or 44 out of 87, of the country’s $1 billion startup companies had at least one immigrant founder. -
Perspectives on Retail and Consumer Goods
Perspectives on retail and consumer goods Number 8, August 2020 Perspectives on retail and consumer Editorial Board Copyright © 2020 McKinsey & goods is written by experts and Raphael Buck, Becca Coggins, Company. All rights reserved. practitioners in McKinsey & Pavlos Exarchos, Tracy Francis, Company’s Retail and Consumer Jan Henrich, Greg Kelly, Sajal Kohli, This publication is not intended to Goods practices, along with other Paul McInerney, Tobias Wachinger, be used as the basis for trading in McKinsey colleagues. Daniel Zipser the shares of any company or for undertaking any other complex or To send comments or request copies, Senior Content Directors significant financial transaction email us: McKinsey_on_Consumer@ Greg Kelly, Sajal Kohli, without consulting appropriate McKinsey.com Tobias Wachinger, Daniel Zipser professional advisers. Cover Photography Project Managers No part of this publication may be © Images By Tang Ming Tung/ Julia Büntig, Anja Weissgerber copied or redistributed in any form Getty Images without the prior written consent of Contributing Editors McKinsey & Company. Colin Douglas, Tom Fleming, Bill Javetski, Cait Murphy, Monica Toriello Art Direction and Design Leff Data Visualization Richard Johnson, Jonathon Rivait Editorial Production Elizabeth Brown, Roger Draper, Gwyn Herbein, Pamela Norton, Katya Petriwsky, Charmaine Rice, John C. Sanchez, Dana Sand, Sneha Vats, Pooja Yadav, Belinda Yu Contents Consumer insights Consumer goods industry Retail industry 6 Consumer sentiment is evolving 62 What got us here -
How Becoming a B Corp Can Future-Proof Your Business
How Becoming a B Corp Is a Way to ‘Future-Proof’ Your Business Stakeholder Governance as the Future of Capitalism Shareholder primacy is the doctrine guiding most companies: The goal of a company is to maximize profits for shareholders, regardless of the impact the company has on people and the environment. And while this way of thinking is still dominant, there is a groundswell of support for creating an economic system that considers all stakeholders—employees, communities, the environment, and shareholders. The Certified B Corporation (B Corp) movement has been gaining traction around the world because it provides a systematic way for companies to be more stakeholder-oriented. To become a B Corp, companies must change their articles of incorporation to recognize the rights of non-financial stakeholders. In this way, the B Corp model institutionalizes “stakeholder capitalism” through corporate governance, providing legal protection to directors and officers to consider the interests of all stakeholders—not just shareholders—when making business decisions. This legal framework also allows shareholders to hold directors and officers accountable to consider the interests of all stakeholders. Instituting stakeholder governance in the legal foundation of the company leads to change that lasts. As Patagonia founder Yvon Chouinard puts it, such provisions “enable mission-driven companies like Patagonia to stay mission-driven through succession, capital raises, and even changes in ownership, by institutionalizing the values, culture, processes, and high standards put in place by founding entrepreneurs.” The B Corp model offers other benefits that traditional corporate structures often don’t. It creates intrinsic goods by setting standards so companies can offer high-quality products through conscious production processes.