Environmental, Social and Governance (ESG) considerations generate both opportunities and risks for organisations, their leaders and their insurers. Failing to engage with ESG can have significant commercial, operational and reputational consequences whereas getting the balance right can be the key to increased business value and future resilience. We help clients navigate this complex landscape in a variety of areas including risk management and insurance policy wordings, ESG related claims and dispute resolution, governance, corporate and regulatory.
Our global multidisciplinary team of lawyers understands how ESG and its interconnected issues impact our clients’ interests across the world. We work in partnership to mitigate risks and future-proof our clients’ business for the long-term. Our expertise includes:
Providing technical advice across a wide range of insurance and claims services
Reviewing and advising on policy wordings with respect to:
- Climate friendly clauses and renewable climate products.
- Sustainability and risk management.
- Management of transition and liability risk.
- Human rights and global political impact.
Advising insurers on coverage disputes, including those arising from:
- Climate related claims and environmental investigations and prosecutions.
- Regulatory investigations, enquiries and prosecutions.
- Judicial reviews and corporate compliance.
- Data management and cyber breach response.
Advising insurers, their policyholders and corporates of different sectors in relation to claims concerning:
- Climate related issues, for example, those involving solar, hydroelectric and onshore / offshore wind.
- Regulatory investigations and prosecutions (including environmental, health and safety, workplace, financial compliance and food standards).
- Judicial, regulatory and contractual defence of alleged breaches of ESG standards.
- Cyber breach response and related compliance and diligence reviews.
- Strategy & Governance
○ Compliance and governance reviews.
○ Advice on reporting and disclosure obligations and the drafting of workplace policies, for example, those promoting ethical and inclusive environments and addressing legal obligations such as gender pay gap reporting and modern slavery.
- Transactions and finance
○ Due diligence and advice in M&A transactions and fund / asset management including green and sustainable finance, such as ‘green bond’ issuance.
- Commercial agreements
○ Reviewing and drafting of commercial agreements (such as umbrella agreements, shareholder agreements and employment contracts) and their climate and/or workplace clauses.
- Commercial litigation and risk management
○ Identifying, managing and mitigating ESG litigation risks.
○ The development and impact of ESG related litigation.
- White collar crime and investigations
○ Advice on financial crime investigations and proceedings, including allegations of bribery, corruption, fraud and/or money laundering.
- Data privacy
○ Data protection compliance and cyber attack risk mitigation.
- Real estate, planning and construction
○ Real estate and construction issues, including regeneration projects, green leases, environmental impact assessments, biodiversity net gain and planning obligations.
- Product regulatory
○ ESG product compliance across the entire supply chain.
Global forecast 2024: Evolving insurance risks
Our report draws on insights from a selection of our lawyers from around the world to analyse and explore the priority themes, including the environmental, social and governance agenda, expected to have the biggest impact on the insurance market in the year ahead.Read more
Parametric insurance for agriculture in the LatAm region: ESG considerationsRead here
Kennedys develops industry guide on risk management for construction projectsRead here
Climate change and the insurance and reinsurance industry: a guideRead here
Rewriting the risk: Addressing the challenge of climate changeRead here
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