ESG Advisory

Areas of Focus

• ESG Disclosures & Reporting
  • Advising public companies on reporting related to sustainability, human capital and other ESG disclosures required by the SEC, including collaboration with financial reporting and internal auditing teams.
  • Reviewing Form 10-K, proxy statements, management discussion and analysis (MD&A) and other filings to ensure compliance with latest guidance, regulations and market trends.
  • Navigating the intersection of ESG and financial metrics, including GAAP and non-GAAP measures.
  • Ensuring consistency between disclosures in SEC filings and other public reporting, such as website updates, sustainability reports and other company communications.
  • Mitigating litigation risk associated with ESG disclosures, including internal controls and processes, disclosure regarding achievements, future plans and material impact on business.
  • Counseling on the appropriate level and mediums of voluntary public disclosure of ESG matters through website disclosures, development and enhancement of sustainability reports, and other platforms.
• ESG Scores & Third-Party Ratings
  • Counseling on the various ESG reporting standards and metrics, including from the Global Reporting Initiative, The Value Reporting Foundation (previously the Sustainability Accounting Standards Board), Carbon Disclosure Project, UN Principles for Responsible Investment, and the Task Force on Climate-related Financial Disclosures, among others.
  • Assessing ratings and scoring in context of forward-looking strategy.
• Human Capital & Social Responsibility
  • Counseling executive leadership on addressing human capital considerations related to diversity and inclusion, compensation gaps, development, training and advancement opportunities, recruitment and retention, etc.
  • Advising on best practices in ESG reports, including the identification of long-term value of efforts, inclusion of helpful information for investors and proxy voters, obtaining third-party assurances, and ensuring accuracy subject to 302/906 certification.
  • Managing and investigating claims related to discrimination, harassment, whistleblowing, workplace safety and other issues affecting the workforce.
  • Counseling leadership on efforts related to social responsibility, including shareholder engagement, corporate communications, regulatory considerations, workforce management, community relations and more.
• Environment & Sustainability
  • Counseling in energy transition, including advising on industry standards, net zero targets and transition management.
  • Advising on projects related to renewable, clean and alternative energy, including through mergers and acquisitions and joint venture partnerships.
  • Representing clients in special financing for sustainable projects, including “green” loans, sustainable supply chain financing, ESG-related loans and financing for energy transition, and renewable energy projects.
  • Advising in capital markets transactions, such SPACs and traditional IPOs, and ESG-related financing products, such as green bonds, social bonds and others related to sustainability.
  • Counseling asset and private fund managers on sustainable investment, including the implementation of ESG regulatory requirements, expectations of institutional investors, and obligations related to new and upcoming legal requirements.
• Corporate Tax Strategy
  • Advising on the risks and opportunities related to ESG in the current corporate tax environment and with an eye on anticipated updates in the future.
  • Counseling companies with legal and financial matters related to transfer pricing, corporate and supply chain tax structures, and the long-term viability of tax structures and ESG investments.
• ESG Investment & Corporate Transactions
  • Navigating ESG due diligence for acquisitions, financings and vendor partnerships.
  • Counseling buyers, sellers and investors on the valuation effects of ESG-related transactions.
  • Mitigating risk for both buyers and sellers in the context of a transaction, including representations and warranties insurance (RWI), as it relates to ESG.
  • Counseling public companies and those pursuing IPOs on regulatory requirements, governance, executive compensation and other matters where ESG concerns arise.
  • Advising private equity-backed and other privately held companies on devising and implementing ESG strategies including relevant corporate policies, governance structures and executive compensation packages that use ESG metrics.
• Litigation, Dispute Resolution & Investigations
  • Representing clients in litigation involving environmental and climate chain disputes, health and safety issues, securities and shareholder actions, supply chain matters, sustainable products, and more.
  • Counseling and defending companies and their directors and officers in investigations and enforcement-related actions brought by the SEC, DOJ and state attorneys general offices.
  • Conducting internal investigations involving anti-corruption, global supply chain practices and procurement, environmental compliance, workplace issues and other ESG-related issues.
  • Advising clients on risk mitigation and crisis management.