ESG: Risk, Litigation, and Reporting

Overview

ESG is a constantly evolving area, touching on all aspects of our clients’ business and gaining significant momentum in overall client strategy. Our robust global team and collaborative approach means we stay current on global trends, legal developments, and the potential pipeline of law, regulatory and claimant bar focus, making us uniquely well placed to advise and support our clients around the world.

Gibson Dunn’s ESG practice provides holistic and sophisticated advice to clients on their corporate responsibility and environmental, social and governance (ESG) risks and opportunities.

Clients are facing increasing calls from stakeholders and regulators, as well as within their own organizations, to proactively address ESG across their business footprint. In practical terms, this means grappling with a complex web of developments across jurisdictions, as well as growing industry guidance and regulatory scrutiny, and management of legal, reputational and litigation risk; all while addressing public disclosure requirements and calls for greater transparency.

Our ESG practice is a multidisciplinary, international team leveraging lawyers from across the firm practicing in the areas of litigation, corporate governance, corporate transactions, finance, compensation, information security, tax and business and human rights. We offer seamless and integrated advice and collaborate with our ESG colleagues and leadership across these disciplines in recognition of the universal nature of these issues for our clients.

Key aspects of our ESG practice include:

• Advising boards and management in relation to the developing jurisprudence, effective governance, corporate culture and oversight of ESG risks and opportunities; the expectations of large institutional investors like BlackRock; and the responses to ESG-focused shareholder activism;
• Advising companies on voluntary disclosures (including in SEC filings, sustainability reports and website pages, regarding ESG metrics and company initiatives); mandatory disclosures, (including CSRD); and proposed or upcoming rule changes;
• Identifying ESG value impacts and risks on acquisitions and advising buyers and sellers on risk mitigation tools (including insurance solutions), cybersecurity, related U.S./European regulations, and integration strategies in the context of ESG-related issues;
• Advising and innovating on all aspects of sustainable financing, including ESG-linked loans, sustainability-linked bonds, green bonds, sustainable supply chain financing and targeted financing for energy transition (for example, led the only sustainability-linked bond offering in the oil and gas industry);
• Advising pre-IPO companies on devising and implementing ESG strategies including relevant corporate policies, governance structures and executive compensation packages that use ESG metrics;
• Representing clients in civil litigation (including class actions and securities actions) as well as criminal and administrative proceedings on matters such as the environment, supply chain and climate change, as well as misrepresentation claims for sustainable products (alleged “greenwashing” for example);
• Advising on relevant internal and external investigations, with holistic support for crisis management and engagement with stakeholders and regulators, including enforcement;
• Acting for clients in OECD National Contact Point proceedings, pursuant to the OECD Guidelines for Multinational Enterprises Acting for clients in international commercial and investor-state arbitration proceedings; and
• Offering bespoke training, educational awareness sessions and practical workshops for senior executives and directors on a range of topics supporting the ESG objectives of our clients and offering insights on best practice and ESG-related developments including in relation to investigations and enforcement trends, compliance and strategies, and whistleblowing.