Environmental, social and governance (ESG) factors play an important part in determining a company’s long-term financial performance. How companies approach social responsibility and sustainability issues is not just of reputational importance but is becoming increasingly material against the UN Sustainable Development Goals (SDGs) as society looks to “build back better” in an uncertain post-COVID-19 world.
We have a dedicated global cross-practice ESG group, connected to both policymakers and significant institutional investors, which is committed to providing solutions to our clients, both in addressing risks and opportunities within the ESG framework, as well as ESG-related litigation and international dispute resolution.
Our ESG Approach
We help clients navigate ESG risks and provide solutions to ESG-related needs through an approach that is thematic, systematic and pragmatic.
- Thematic – We help clients identify and prioritise ESG-related risks along common “themes” arising from different classes of stakeholders. This risk-based approach ensures our approach is fully scalable and provides value for legal spend.
- Systematic – We offer due diligence on ESG-related risks and recommend mitigation strategies that complement and build on existing ESG-related frameworks and objectives.
- Pragmatic – We offer practical solutions and systems that our clients can readily implement and monitor across their organisations. Members of our team have experience working at senior levels of government, national regulatory authorities and as senior private sector executives.
Our ESG services can cover all stages of the business and investment cycle, including:
The Green Agenda
- Decarbonisation and moving to a net zero economy
- Purchasing renewable energy and “additionality”
- Energy efficiency
- Carbon credits and trading
Public policy advocacy
- Human rights
- Drug testing
- Standardisation of metrics
- Fundraising and investing
- Investor circulars and prospectuses
- Responsible investment policies
- Ongoing ESG reporting and disclosure to investors
Corporate and group policies and disclosures
- Workforce disclosures
- Corporate Social Responsibility
- Health and safety
- Climate change
- Business and human rights
- Policies, practices and statements with respect to activities of subsidiaries
- Financial statements and disclosures
- Diversity and inclusion; board diversity
- Employee relations
- Equal opportunities
- Gender pay gap reporting
- Flexible working
- Human capital development
- Pay and remuneration
- Recruitment and retention
Mergers and acquisitions
- SPAs and ESG-related representations and warranties
- Due diligence on targets’ policies, practices and key contracts for ESG litigation risk
- Investment/Shareholder Agreements – ESG-related representations and warranties and covenants to enshrine ESG reporting and commitments
Formal and informal business collaborations
- Shareholder, joint venture and partnership agreements
- Management and outsourcing agreements
- Service and supply agreements
Pension plans and other institutional investors
- Drafting and reviewing ESG and responsible investment policies
- Advising on fiduciary duties
- ESG litigation/shareholder engagement