How we assist clients with ESG issues?
We help clients with their reporting and disclosure requirements and provide transactional support for ESG-focused investments and acquisitions, particularly in respect of ESG due diligence.
Our ESG team provides internal compliance and health checks, advises on and implements best practice governance and human capital policies and procedures and supply chain monitoring to ensure business strategies are informed by ESG metrics.
We also offer advice on ESG related metrics that may be implemented into remuneration packages or which may otherwise impact on company valuation.
Our longstanding experience advising boards and investors on shareholder engagement and activism means we understand the strategies used by activists to drive change through ESG, particularly in the context of resolutions proposed to advance net zero transition.
We also advise on other
regulatory issues such as anti-bribery, modern slavery the circular economy and
packaging waste.
We support clients to incorporate ESG into board strategies, operations and business relationships.
Greenwashing risk mitigation / compliance work (e.g. training/workshops, policies.
Service cluster summary - ESG regulatory risk and compliance, including environmental claims and greenwashing, due diligence/supply chain, reporting and disclosure obligations, packaging and packaging waste.
Collaboration and competition
- Advising on sustainability collaboration agreements under the CMA Green Agreements framework. UDR, CSDDD, PPWR, greenwashing risk mitigation / compliance work (e.g. training/workshops, policies).
Pollution and Waste
- Packaging materials / plastics
- UK equivalent of EUDR, UK packaging regulation such as DRS and EPR
- Electronic waste
- The Circular Economy
- Toxic waste, contamination and pollution
- [Advice on contractual requirements / provisions / approaches to support SESG goals / objectives]
Climate Change
- Climate change vulnerability (TCFD reporting)
- Greenwashing risk mitigation / compliance work (e.g. training/workshops, policies)
- Nature based solutions and reporting (TNFD)
- Energy consumption and efficiency
- Green buildings
- Carbon and other greenhouse gas emissions
- Biodiversity net gain
Long term investment strategies and board strategy
- Net zero planning
- Energy security and cost management
- Financing for change in strategy for climate vulnerability and other environmental impact
- Alternative finance sources
- Sustainable procurement
- Supply chain assessment
- Performance enhancement
- Forensic accounting / investigation
- Taxes strategy and transparency
Our recent experience includes:
Environmental and Sustainability
- Advising manufacturing clients on the environmental aspects of corporate and real estate transactions including in relation to the stewardship of contaminated assets.
- Advising a global manufacturer of soft drinks on packaging waste compliance, including in relation to the impending deposit return schemes across Scotland, Ireland and the rest of the UK.
- Advising Royal Mail on the development of its ESG strategy and installation of electric charging infrastructure through permitted development rights.
- Advising companies operating in several sectors (food, fashion, manufacturing, logistics, etc.) on developing their sustainable business strategy and drafting sustainability reports.
- Advising Winch Energy on an off-grid renewable energy project in Sierra Leone. The project has enabled 12 villages and towns to receive low carbon energy 24 hours and the project will ultimately connect more than 4,000 homes and businesses to a reliable electricity source, stimulating enterprise and sustainable agricultural activity.
- Advising a group of activist shareholders on potential ESG litigation relating to improper reporting of ESG credentials.
Social
- Helping the UK leadership team of a US oil company to begin formulating an inclusion and diversity vision and strategy relevant for its workplace.
- Assisting an international company in relation to the collection of diversity and inclusion data in 20 countries, project managing the advice and presenting it in a table format.
- Policy checks – reviewing policies from an inclusion and diversity perspective. These included diversity and inclusion policies as well as leave policies, whistleblowing policies, grievance policies and codes of conduct.
- Providing bespoke training to various companies on "Respect in the Workplace".
- Sharing best practice with an international accountancy firm and 200 mentors and mentees on setting up a mentoring and reverse mentoring programme.
- Helping clients create action plans following data capture including in relation to gender pay.
- Carrying out an investigation on behalf of an international client who received a complaint of sexual harassment and helping defend litigation and resolve matters.
- Implementing whistleblowing programs and advising on the implementation of effective reporting lines
- Advising a number of clients on the establishment of a variety of social enterprises and ethical corporate structures including:
- The conversion and certification of companies as a B Corporations;
- The establishment of community interest companies and other not for profit structures;
- The transition of businesses to employee owned structures through a trust structure for the benefit of employees; and
- Establishing charities and charitable foundations.
Governance
- Advising on board structure and composition including terms of reference for board committees such as audit, risk, nominations, sustainability and for dealing with procedures with respect to cyber security risks and price sensitive information.
- Advising clients on non-financial reporting requirements, strategic report requirements, Companies Act, UK Corporate Governance Code, Listing Rule and DTR annual reporting requirements.
- Advising board of directors on divestment strategy following successful activist shareholder campaign
- Advising activist investor and boards on various campaigns to requisition a general meeting, remove and appoint directors.
- Advising and assisting the Chairman and board of directors with respect to the conduct of AGMs where disruption is anticipated.
- Conducting and reporting on Due diligence with respect to investments in and acquisitions of ESG assets.
- Advising boards and / or investors with respect to derivative action claims against directors for breach of duty and/or claims for misrepresentation with respect to ESG claims.
- Assisting a leading Formula One team to review and implement a bespoke compliance programme including in relation to risk management, sustainability, financial crime, health and safety, sanctions, data privacy, culture and I&D.
- Advising the Financial Reporting Council, the author of the UK Corporate Governance Code, on reforming its constitutional and governance structure, reworking its constitution and creating new executive committees.
- Advising Macquarie on investment in a cyber-threat analysis technology platform, requiring global regulatory advice
- Advising Royal Mail, Royal London, Runway Innovations Limited and Go-Ahead on planning related net –zero matters as well as climate litigation.
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