Environmental, Social, and Governance

Today, for a company to focus on ESG, it must evaluate both its policies and behaviors against many complex areas including:

• Climate Change. Transition to renewable or clean energy, reduction of greenhouse gas emissions, net-zero goals, public commitments and related financial risks and opportunities;
• Workplace Issues. Labor rights, the company’s impact on diverse communities, its internal diversity and inclusion policies, and gender equity (including, among others, pay equity); and
• Governance Issues. Board governance responsibilities, C-Suite compensation structures, board director election processes, and ethics and compliance program performance, including building a culture of integrity and proactive risk management; and
• Supply Chain and Procurement Transparency. Environmental impacts (including supply chain and lifecycle decarbonization) and human rights due diligence (including forced labor, environmental rights, and equity considerations).

Crowell & Moring’s global ESG advisory team, comprised of more than 35 lawyers, directors, and consultants, helps organizations understand and manage the potential risks of ESG issues, formulate corporate strategies, implement ESG-focused best practices, and capitalize on the opportunities that arise. As new legal and regulatory frameworks emerge alongside continuously evolving voluntary reporting standards, our team draws from its deep government, policy, and industry experience to help our clients navigate this landscape, maximizing opportunities while minimizing risks.

Areas of Service

Our global team offers comprehensive services to help companies mitigate legal risk, protect their interests, and promote good stewardship, while increasing their growth potential. We work with key opinion leaders outside of industry and build partnerships with respected organizations so that our initiatives and messages are trusted and welcomed by governments. Our ESG team offers:

• Crises, investigations, litigation, and alternative dispute resolution: Representing clients in responding to and managing ESG-related matters, including regulatory investigations, environmental and energy incidents, antitrust inquiries, data breaches, white collar investigations, class action litigation, and investigations brought by state attorneys general.
• Policy, regulatory, and legislative developments and related best practices: Analyzing a wide range of global issues, from environmental compliance and corporate governance to diversity, equity, and inclusion initiatives and forced labor concerns. Evaluating and providing counsel on the policies and practices businesses implement to align with these developments, including climate-related analyses, disclosure practices, human capital management, supply chain management, AI, and data privacy and cybersecurity.
• Sustainability, climate, and social impact reporting: Guiding clients through voluntary and mandatory ESG reporting, sustainability reports, greenhouse gas reporting, human rights reporting, integrated annual reports, website claims, and public filings. Supporting clients in their interactions with ESG auditors and in developing and executing materiality assessments. Evaluating risks and opportunities of target-setting and reporting approaches on the full range of sustainability issues.
• Forced labor and supply chain counseling: Advising producers, importers, and exporters on rapidly evolving laws and regulations. Performing risk analyses and facilitating communications with—and enhancing access to—U.S. and international authorities.
• Assessing transactions for ESG-related risks and compliance: Providing ESG counseling on mergers and acquisitions, securities offerings, disclosure requirements, shareholder activism, proxy fights, and investor relations matters. Providing board governance advice and assessment of ESG risks and compliance for target businesses and funds. Helping clients uncover and manage ESG-related risks and liabilities in transactions by developing screening questions and conducting due diligence across relevant areas, such as environmental law compliance, executive compensation, anti-corruption risk, and employment practices. Ensuring that our clients identify and obtain the regulatory approvals necessary to consummate transactions.
• Negotiating agreements involving ESG-related goods and services: Negotiating complex agreements involving ESG-related goods and services, such as carbon and environmental credits; supply chain due diligence; engineering, procurement, and construction contracts; and operation and maintenance agreements. Counseling clients on related issues with respect to subcontractors, vendors, customers, and other third parties.
• Advertising assessments and counseling on greenwashing: Advising on and litigating regarding “green claims,” the FTC’s Green Guides, sustainability marketing claims, greenwashing actions, and policies and practices for compliance and reporting.
• Human capital, racial equity, and civil rights audits and counseling: Analyzing critical ESG exposure actions across all personnel decisions. Examining pay equity, representation rates, employment policies, EEO complaint histories, and human capital programs to provide tailored advice to leadership.
• Procurement agreements: Negotiating with suppliers and third-party partners and incorporating key ESG KPIs and terms and conditions into agreements such as engineering, procurement, construction, operation, and maintenance contracts.
• Public affairs: Creating platforms to shape ESG discussions and their brand narrative, as well as developing local, regional, and international initiatives, coalitions, and partnerships. Working with key opinion leaders outside industry and building partnerships with respected organizations to ensure governments welcome our initiatives and messages.
• Patents: Advising clients at all stages of the patent lifecycle, including drafting and prosecuting patents, advising on patent portfolios, and litigating patent rights. Leveraging experience across a wide range of scientific and engineering disciplines to help clients secure patent rights for inventions in the ESG space, from solar cell technology to electric vehicles. Assisting clients in enforcing patent rights and defending against infringement claims.