Sustainability and Environmental, Social, Governance (ESG)

Sustainability and Environmental, Social, Governance (ESG) considerations generate both opportunities and risks for organisations, their leaders and their insurers.

By helping you navigate this complex landscape in a variety of areas, we mitigate your risks globally, and future-proof your business for the long term. Failing to engage with ESG can have significant consequences, while getting the balance right can be the key to increased business value and resilience.

Our global team of multidisciplinary lawyers can help with a range of ESG challenges, including:

Reviewing and advising on policy wordings:

Climate friendly clauses and renewable climate products.
Sustainability and risk management.
Management of transition and liability risk.
Human rights and global political impact.

Working with insurers on coverage disputes:

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 on 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.

Providing advice for corporate and commercial law services on:

Strategy & Governance
○ Compliance and governance reviews.
Employment
○ 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.