Practice Area: Environmental, Social & Governance

FisherBroyles has been and remains at the forefront of developments in the creation, implementation and enforcement of policies and practices that enable consideration of environmental, social and governance (ESG) issues in governing and in corporate action. Evaluation by investors and governments of commitments to sustainability, ethics, transparency and accountability among public and privately held companies as well as government agencies at all levels is real and present. Recent and aggressive opposition to such commitments in the US has taken the form of litigation by federal and several state governments as well as private organizations and has had noticeable impact. This is not to say that ESG-related practices have disappeared.

In the Middle East, Saudi Arabia, the United Arab Emirates, and Qatar, have begun to develop ESG principles. In Saudi Arabia with the country’s Vision 2030 roadmap, in the UAE with Vision 2031, and Qatar with Vision 2030. A common theme in these countries is a more enhanced ESG reporting requirement.

In South-East Asia, a number of countries have taken steps to adopt or enhance the adoption of the standards set out by the International Sustainability Standards Board (ISSB), significantly in Singapore, Malaysia, Indonesia and China.

In the US, organizations are engaging in some of the same practices albeit under different rubrics. All of these events reinforce the importance of careful and thorough analyses of an organization’s goals, the pathways for achieving them, sound risk assessment and preparation, and deft development and implementation of best practices.

As the world attempts to transition towards lower carbon emissions, resource efficiency, economic resilience and societal equity, participants in the global economy must navigate a growing field of legal, regulatory, technological and market change. Opportunities for proactive private sector involvement in elaborating standards and metrics will be presented by these transitions, as well as opportunities for technological innovation and economic growth. Adaptation to, and mitigation of, the effects of such change will require understanding, anticipating and planning for the challenges and opportunities presented.

In today’s business landscape, addressing environmental challenges is essential for responsible and sustainable growth. Lawyers play a necessary role in this transition. FisherBroyles’ ESG Advisory Group counsels public and private companies, investment advisers, asset managers, financial institutions and others in all manner of ESG compliance, strategic planning, policy development and risk mitigation. With decades of hands-on experience and a strong internal commitment to ethical practices, our attorneys take a holistic, cross-disciplinary approach to helping our clients integrate ESG and sustainability considerations and standards into their policies and procedures with a view toward not merely complying with legal and regulatory requirements but leveraging such requirements for sustainable growth to meet the coming transitions.

 

Our advisory services include:

Securities & Private Equity, Private Investment Funds

  • In the USA, SEC public company ESG disclosure requirements
  • Strategic planning, adoption of policies, procedures, standards and metrics
  • Global Compliance for Investment Managers and Funds
  • Internal examinations of ESG practices and procedures
  • Impact investing (public and private)

Banking & Financial Services

  • Sustainability finance, green and sustainability bonds
  • Infrastructure development financing

Corporate Governance

  • ESG governance advice addressed to shareholders, board and management team regarding ESG matters, including board oversight of ESG risk, adoption of ESG principles, policies and procedures with regard to ESG, and board diversity and inclusion
  • Development, review and update of ESG frameworks, policies and procedures with a focus on stakeholders
  • Crisis management and reputational risk
  • Compliance and whistleblower frameworks and investigations
  • Global supply chain and operational compliance with new laws and regulations related to “Net Zero” green-house gas (‘GHG’) emissions
  • Climate change impact measurements, offsets, mitigation
  • Carbon credit emissions and compliance with GHG reduction targets

Mergers & Acquisitions

  • Conduct of M&A due diligence for ESG risk and valuation
  • Post-closing environmental advisory and permitting

Energy/Oil & Gas

  • Environmental health & safety policies and procedures
  • Renewable energy development, finance, permitting and implementation
  • Environmental advisory such as Environmental Impact Assessments for energy projects

Environmental Health & Safety

  • Environmental litigation, international arbitration and dispute resolution
  • Environmental advisory and permitting
  • Geolocation strategies and compliance with new regulations

ESG as an Employment Strategy

  • Advising on employment matters, including benefits, compensation, diversity and inclusivity at all corporate levels

Technology

  • Information technology, data security and resilience
  • Strategic intellectual property counseling
  • Technology innovation and adoption of new technologies
  • Climate technology development, adoption, adaptation and protection

International Disputes

  • Environmental
  • Energy and natural resources
  • Investor/state disputes
  • Compliance/Enforcement

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