For decades, we have maintained practices in environmental and energy law, government relations, crisis management, corporate governance and Board advisory, executive compensation, insurance coverage, securities regulation and capital markets, and labor and employment to help clients chart strategy on ESG issues. Our lawyers throughout this time have not only become experienced in what the law is, but we have also emerged as thought-leaders in what the law should be, how it should evolve and how enterprises can prepare for how it may apply to new circumstances and challenges. This is what ESG demands of practitioners today. Our experiences position us to advise clients across a broad range of industries including oil and gas, renewable energy, electric and water utilities, technology, retail, consumer products, manufacturing, real estate and financial services, among many others. Our team provides sophisticated advice to help our clients create long-term value through ESG strategies that mitigate key legal risks. We provide decisive, informed advice at the crossroads where nuance, ambiguity and uncertainty abound.
What we do:
- Green bond offerings and sustainable finance programs
- Drafting ESG policies, responding to sustainability questionnaires and analyzing ESG ratings
- Pay equity audits, diversity and inclusion initiatives, and employment counseling on ESG matters
- SEC disclosure and sustainability reporting
- Shareholder activism defense and response to ESG shareholder proposals
- Benefit corporation formation and governance
- Structuring ESG investment programs for private equity sponsors and institutional asset managers
- Emissions life-cycle analyses; reporting on Scope 1, 2 and 3 emissions; value and supply chain and footprint measurement/analysis for emissions components; US EPA and state greenhouse gas reporting statutes
- Advising and supporting compliance on a range of environmental regulations, including those related to climate change, air toxics, water and waste
- Federal and California advocacy on ESG-related public policy, legislation, regulations, guidance and reporting, including those intended to address historically disadvantaged communities and environmental justice
- Compliance counseling on international ESG regulations and for operations in countries without developed regulatory structures, including establishing corporate practices consistent with ESG principles to manage potential future liability
- Defending companies in litigation based on historic manufacture and use of products and ESG issues related to them (e.g., climate change nuisance litigation, appealing or defending federal and state environmental and climate regulations)
- Crisis management and reputational risks associated with ESG
- Review, maintain, and manage directors’ and officers’ (D&O) liability insurance policies and develop risk mitigation strategies to maximize insurance recoveries for ESG-related claims made against directors and officers.