Environmental, Social & Governance

Overview

Approximately $30 trillion of the world’s assets are currently managed to account for environmental, social & governance (ESG) risks and opportunities.

ESG Note: The above are representative examples and not a complete list.

Institutional investors and operating companies big and small continue to see ESG issues as sources of risk and opportunity to their bottom lines. We are witnessing significant global legal developments, heightened regulatory scrutiny and greater stakeholder sensitivity to ESG issues.
 
Institutional investors, such as ERISA plans, registered investment companies, endowments, foundations and hedge funds, are under increasing pressure to take ESG factors into account in their investment decision-making, proxy voting and shareholder engagement processes. Investment advisers, broker-dealers, family offices and others are also now addressing ESG risks and opportunities with respect to their own firms in response to greater concern by clients and employees.
 
Operating companies are also sensitive to ESG. Whether it is pursuing renewable energy projects, managing environmental compliance, evaluating sustainable financing opportunities, shoring up their cybersecurity defenses, or embarking on diversity and inclusion initiatives, ESG is at the forefront for many operating companies across industries.
 
With ESG having gone mainstream, Stradley’s Environmental, Social & Governance Group offers clients a holistic approach to help them navigate this fluid landscape of legal and regulatory developments, stewardship codes, disclosure frameworks and nongovernmental organization (NGO) codes of conduct. Our four pillars are:

ESG Pillars

  Our ESG Experience Includes:
  • Advising asset managers and fund boards on ESG-related regulatory implications (e.g., disclosure requirements under federal securities laws) and on fund incorporation of ESG considerations into investment strategy and decisions.
  • Advising asset managers that are ERISA fiduciaries on their legal requirements under ERISA with respect to ESG.
  • Advising operating companies on environmental and energy-related compliance requirements.
  • Reviewing and drafting investment policies for trustees/board committees to invest in socially conscious investments.
  • Assisting energy companies in developing alternative energy projects in order to secure regulatory approvals and buy-in from stakeholders.
  • Advising on financing strategies that incorporate ESG.
  • Assisting real estate and other clients on environmental liabilities under US environmental law.
  • Counseling clients on environmental liability issues in bankruptcy proceedings.
  • Assisting clients to evaluate the feasibility of establishing or investing in opportunity zones.
  • Advising clients on federal tax considerations of renewable energy projects.
  • Advising clients regarding compliance issues related to anti-discrimination laws, including the draft of policies related thereto, as well as assisting clients with diversity training.
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