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Capabilities / ESG Strategy & Compliance

ESG Strategy & Compliance

Advancing clients' goals for people, performance, and the planet.

A comprehensive Environmental, Social and Governance (ESG) strategy can improve a company’s access to capital, protect against supply chain disruption, maintain regulatory compliance, help attract and retain top talent, and create value among diverse groups of stakeholders. The increased focus on diversity and inclusion, increasing severe weather events, and the COVID-19 pandemic have amplified the role of ESG as a driving factor in corporate decision-making, capital allocation, and valuation.

Those entities not implementing a strategic approach to ESG principles may be caught off guard as new opportunities and risks manifest themselves. ESG concerns have evolved over the past decade and now occupy a prominent place on the agenda of corporate officers and boards of directors. ESG can be a crucial business driver that impacts a company’s reputation and valuation.

As every company’s business and goals differ, Husch Blackwell’s industry-focused structure puts our attorneys in an ideal position to help clients identify ESG issues and opportunities, as well as to develop solutions that capitalize on opportunities, achieve unique ESG goals, and address implementation and compliance challenges that arise along the way.

As ESG policies and programs gain recognition, adherence to stated ESG goals is critical. Husch Blackwell assists clients with tracking and reporting programs from inception through delivery, ensuring that disclosures and activities are transparent and satisfactory in order to prevent unsubstantiated claims of ESG activity from stakeholders and regulators.

Our ESG guidance includes:

Leadership and governance
  • Guidance, development and implementation of ESG strategy at the Board and C-Suite levels
  • Track progress and assist in developing an ESG disclosure framework
  • Assist preparing offering, compliance, and disclosure materials related to ESG activity
Business Ethics and Compliance

To help clients get out in front of compliance obligations, our attorneys and compliance professionals conduct compliance program training and policy assessments; develop tailored, industry-specific compliance programs; draft internal policies and codes of conduct; and assist in the evaluation of vendor offerings. We also conduct audits and internal investigations, represent clients in enforcement proceedings and determine when voluntary disclosures are appropriate.

Sustainability
  • Identify energy savings opportunities
  • Evaluate the carbon footprint of a company’s operations and supply chain
  • Develop programs to increase a company’s use of renewable energy and other low carbon resources
  • Evaluate and manage risks and opportunities related to climate change
Human Capital
  • Develop proactive workplace health and safety policies
  • Review product safety and quality policies
  • Assist with the development and implementation of privacy and data security policies
  • Advise on diversity and inclusion guidelines
  • Provide human resources consultations
  • Provide immigration and compliance training
  • Develop and review employee misconduct policies
Supply Chain Management
  • Materials sourcing and efficiency
  • Human rights investigations
  • Trade sanctions and regulations compliance
  • Supply chain carbon footprint
  • Customs
M&A
  • Diligence and ESG risk assessments
  • SEC ESG and climate change disclosures

Representative Experience

  • Represented a private investment management firm in securing trademarks for financial products marketed as ESG funds.
  • Counseled the board and corporate officers of a bank holding company regarding ESG policies and provided an assessment of similarly situated institutions’ ESG approaches and disclosures in securities filings.
  • Represent a global supply chain and manufacturing solutions provider in reviewing ESG-related programs and policies.
  • Launched the Human Trafficking Legal Clinic to maximize efforts in the fight against human trafficking; the firm represents international and domestic victims — adults and children — in commercial sex and forced labor trafficking cases referred to the firm by law enforcement, prosecutors and partnering nonprofit agencies.
  • Routinely counsel clients on workplace health and safety policies and diversity and inclusion programs, including representation in connection with various state-level and federal agency investigations and disputes.
  • Represent the U.S. subsidiary of a foreign-owned passenger and logistics company in its review of the company’s human trafficking compliance disclosures.
  • Represented a major chemical manufacturer in reviewing its compliance with anti-human trafficking laws.
  • Represented major health system in connection with the role of ESG in its board committee restructuring project.
  • Counseled a bank holding company regarding ESG disclosures in securities filings.
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