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Environmental, Social & Governance

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Environmental, social, and corporate governance (ESG) oversight and management has taken on renewed focus in today’s business climate, as companies, investors, industry groups, customers, governments, and the public track performance in this important area. Greenberg Traurig lawyers help clients develop programs and best practices compliant with industry standards and implement ways to achieve and assess ESG performance, vehicles to report it, and means to improve it. 

We assist publicly-traded and private companies, along with boards of directors, with regulatory compliance and disclosure obligations. When questions or disputes arise, we defend our clients’ efforts. We also advise clients on the use of innovative climate finance and credit systems to advance ESG goals. After all, solid ESG performance need not come at the expense of the bottom line.

GT also represents investors, funds, sponsors, and other managers in connection with the growing impact of ESG across investment vehicles. We work with clients to develop sound investment strategies as they pertain to ESG, comply with regulatory and compliance obligations, enhance visibility with stakeholders, and develop ESG policies.

Useful advice and advocacy in the ESG area requires lawyers from multiple disciplines. We have assembled a team of lawyers from across our firm to provide coordinated ESG legal services to our clients. 

These services include:

  • advising on ESG reporting and communication;
  • assisting with developing or adopting ESG metrics and implementing ESG assessment and auditing programs, such as environmental management systems;
  • providing guidance on ESG and human capital reporting and disclosure requirements by regulatory and enforcement authorities;
  • developing protocols for corporate governance, including board diversity initiatives and public company reporting, disclosure, and board or committee oversight;
  • applying ESG principles to investing and financing and helping borrowers to demonstrate compliance with investor or lender standards such as the Equator Principles;
  • working with companies to develop and to implement systems to achieve and improve ESG performance, including environmental management systems (such as those based on ISO 14001) and advise on specific ESG issues such as sustainable development, product stewardship, and climate change;
  • advocating client interests during the development of international standards relevant to ESG;
  • creating strategies to communicate ESG program success and related initiatives to stakeholders, investors, public interest groups, regulators, consumers, and other audiences; and
  • defending clients in disputes over the propriety of ESG reports.

We help clients manage financial incentives, gain regulatory approvals, and utilize other tools to help businesses adopt environmentally and socially conscious practices. Our team includes lawyers with regulatory, transactional, corporate governance, environmental, energy, and litigation experience. Our backgrounds in development, private equity, and project finance help clients adopt policies that promote corporate purpose and long-term sustainable growth. We deploy this experience to help our clients implement new projects and build sustainable businesses.