ESG Lawyers

ESG is a fast moving and increasingly complex space.

Regional and national ESG laws and regulations are in a state of flux, as policymakers simultaneously bring forward new rules and standards, rewrite existing frameworks, and deregulate on some ESG issues entirely.

This divergence of approach between key markets, combined with the expectations of customers, business partners and employees on ESG issues, creates very real challenges for business leaders trying to respond in a operationally efficient and strategically coherent way.

In a world where the ESG goalposts are constantly moving, we work with clients to help them think beyond compliance, and to make sensible and proportionate decisions on ESG issues in a way that aligns with and supports commercial strategy. We are dedicated to helping our clients future proof their business and investments.

Why ESG matters to Boards

Doing business responsibly is no longer just an ethical choice, a tick box exercise or a 'nice to have'. For businesses and their Boards, understanding how and why ESG issues create risk and value is now key to creating competitive advantage, driving long term financial performance and enhancing resilience.

Boards and executive teams need to be equipped to oversee compliance with current ESG laws and regulations, while having an eye to new standards coming down the track so that the right decisions and investments are made today to support future compliance. Boards must also understand, spot and take steps to mitigate reputational and litigation risks associated with ESG issues and ensure the business is well placed to meet the increasing ESG expectations of its investors, lenders, customers and business partners.

Good practice, risk management and innovative thinking on ESG issues typically requires a multi-disciplinary approach, with different operational teams collaborating in new areas. This cannot be achieved without the right governance structures, policies, decision-making processes and tone from the top.

Trusted ESG lawyers for complex environmental, social and governance challenges

We are trusted by our clients to help them navigate the most complex environmental, social and governance risks, to think long term and to position them to take advantage of ESG-related commercial opportunities.

We have broad and deep expertise in national and regional ESG laws, regulations and best practice frameworks, in all forms of ESG-related risk management, in good corporate governance and director ESG duties. Whatever the ESG challenge, risk or opportunity, we approach every matter with a focus on the client's wider strategic objectives for growth, investment or exit.

How we help clients navigate ESG risk and regulation

Our ESG team can assist you with:

ESG strategy and governance

• Aligning ESG strategies with relevant law and regulation
• ESG governance frameworks, policies, decision-making and internal reporting processes
• Targeted ESG training for Boards, executive and operational teams

ESG regulatory compliance and reporting

• ESG-related disclosure obligations, including Section 172 statements and strategic reports and disclosures under or aligned with the Corporate Sustainability Reporting Directive, International Sustainability Standards Board S1 and S2, the Taskforce on Climate-Related Financial Disclosure (TCFD) and the UK Streamlined Energy and Carbon Reporting (SECR) requirements
• Compliance with new ESG laws and regulations relating to the supply chain, including the Corporate Sustainability Due Diligence Directive, EU Deforestation Regulation and EU Forced Labour Regulation.

ESG risk management, disputes and litigation

• Spotting and mitigating greenwashing and social-washing risks in marketing and advertising materials and wider public statements
• Managing risks and disputes relating to adverse impacts on people in a business or supply chain
• Derivative actions and director duties

Human rights and environmental due diligence

• Compliance with the Modern Slavery Act 2015 and similar legislation worldwide
• Appropriate, risk-based approaches to human rights due diligence on business operations and supply chains

ESG due diligence and transactional support

• ESG risk analysis and due diligence in M&A transactions
• Sustainability-linked debt finance
• Integrating ESG-related obligations into commercial contracts and Supplier Codes of Conduct

Our ESG legal expertise

We have recently advised:

• A UK based stationery products company on compliance with the requirements of the new EU Deforestation Regulation
• An African Fintech company on the standards of human rights due diligence required by the Corporate Sustainability Due Diligence Directive
• A leading European manufacturer and distributor of personal sanitary products on its green and sustainability-related claims
• A leading sports team on the developing landscape of law and regulation governing business impacts on people in the supply chain