Overview
Environmental, social and governance (ESG) issues have become a priority for businesses, institutions and investors. As consumers and shareholders increase their expectations for ethical business practices, ESG is becoming deeply integrated into many organizations’ operations and those of its supply chains.
Investors, governments, civil society organizations and business associations have also increased their attention to a business’s ESG policies, as well as implementation, public reporting, and due diligence relating to those policies. A strong ESG program can reduce reputational, legal, and monetary risks that stem from a business’s operations. Well-designed ESG programs can build stronger brands and promote long-term growth for the businesses that embrace them.
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Supporting All ESG Needs
Foley Hoag’s multi-disciplinary team – comprised of business, litigation, energy, environmental, and human rights advisors – can help our clients develop and implement an ESG program specifically designed for the organization’s needs. Foley Hoag’s team have been providing this advice in various ways since the 1980s, giving us the experience and institutional memory to craft impactful and cutting edge ESG strategies. Over the 30+ years we have worked on ESG issues, we have helped clients develop and implement internationally-recognized human rights, social, and environmental and industry best practices. We provide proactive, informed and pragmatic advice to help clients take advantage of the entire range of opportunities associated with ESG compliance, while managing related risks. Our experience includes the following:
Environmental
- Evaluation of environmental sustainability and greenhouse gas disclosure frameworks, related reporting, and other external communications by public and private companies regarding their policies, achievements and goals
- Advice on structuring and implementing transactions in furtherance of voluntary corporate sustainability policies, including: climate action plans, reduction of greenhouse gas emissions, and preparation of climate change mitigation, adaptation, and resiliency plans
- Advice on structuring and implementing transactions related to the purchase of renewable and clean energy and other activities in furtherance of such plans and policies, including: Power purchase agreements (PPAs), Corporate PPAs, virtual power purchase agreements (VPPAs), and other power purchase agreements, carbon and GHG offset transactions, renewable energy attributes and certificate purchases agreements, including Corporate PPAs and VPPAs in multiple jurisdictions
- Emergency counseling when environmental crises arise
- Developing environmental statements and policies tailored to a client’s operations
- Proxy communications and responses to stakeholder initiatives
Social/Human Rights
- Aligning business practices with international human rights standards
- Advising clients on the rights of indigenous peoples, modern slavery, fundamental worker rights, and human-rights related sanctions
- Conducting in-depth human rights impact assessments on company operations and projects
- Mediating dialogue between companies, rights-holders, civil society groups, and government representatives
- Step-by-step strategies for successfully engaging with a wide range of stakeholders, including governments, academic researchers, think tanks, civil society organizations, and unions
- Proxy communications and responses to human rights activism
- Developing human rights statements and policies tailored to a client’s operations
- Corporate culture counseling as related to diversity, equity, inclusion, and racial justice
- Emergency counseling when human rights crises arise
- Counseling on anti-bribery and anti-corruption compliance, investigations and litigation
Governance
- Developing and implementing policies and procedures related to anti-corruption, anti-bribery, sanctions compliance, anti- money laundering, and conflicts of interest
- Counseling on good governance and ethical business practices
- Board composition matters
- ESG-related reporting in SEC filings and other external communications
- Responding to SEC inquiries and investigations concerning ESG disclosures and investor outreach
- Evaluation and selection of ESG metrics by investors
- ESG strategy development for operating companies and institutional investors
- ESG-related due diligence in acquisitions and other transactions
- Counseling on ESG-related matters in sale and exit preparation
- ESG-related debt financing arrangements
