Strategy and Governance

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Understanding the evolving landscape and getting started

For business of all types, it is essential to build an understanding of the broad and rapidly evolving ESG landscape and direction of travel and implications (direct and indirect) for the business. We have built a deep knowledge of the regulatory and policy drivers and we appreciate the business opportunities and challenges arising out of the growing focus on sustainability. This is thanks to our holistic view of ESG which integrates soft and hard law across a range of practice areas, a knowledge of market practice across multiple sectors and a global view of risk informed by our international footprint.

Transition and decarbonisation strategy

We have specialist capability in advising on the tightening regulatory and commercial requirements applicable to fossil fuel and high carbon based activities, and the rapidly evolving regulatory and commercial landscape relevant to renewable and nuclear energy, the built environment, including smart cities and smart developments, and transport, including electrical vehicles, urban and freight transport systems and their infrastructure. We have experience advising on the effectiveness of transition strategies and the governance frameworks needed to effect transition within a broad change management programme and against a challenging ESG and litigation landscape. We also advise on strategies to maximise opportunities offered by the energy transition and advise on transactions involving traditional, transitioning and renewable technologies and systems.

ESG disclosures and reporting

Numerous regulatory regimes and soft law standards have been introduced in recent years which ask businesses to collect data and report on an increasingly broad range of sustainability-related topics. Disclosure regimes can impact businesses directly and indirectly, and can vary across jurisdictions creating challenges for global corporations and requiring a consistent and strategic approach to reporting. With further disclosure regimes on the horizon, this area is rapidly evolving.

We have a deep knowledge of the ESG-related disclosure regime and have advised clients on their application and compliance for a number of years. We help our clients understand what information needs to be disclosed and where, assist in identifying market trends and best practice and help align disclosures with business strategy and policy commitments. We also help clients navigate potential challenges and pitfalls such as ensuring disclosures are appropriately balanced, understanding hot button issues and areas of particular sensitivity, ensuring that risks and challenges and dependencies are clearly articulated, and cautionary statements and disclaimers are used appropriately.

Good governance to embed and deliver ESG strategy

Investor and other stakeholder engagement

Stakeholder expectations on ESG are evolving rapidly. Boards are increasingly expected to demonstrate that they engage actively with ESG risks and opportunities and factor these into decision making, and to clearly articulate to stakeholders how they are ensuring the business is future fit against the backdrop of world in transition. Our multi-disciplinary team is experienced in assisting clients in managing interactions with a range of different stakeholders. We have advised on general engagement strategies, stakeholder mapping, shareholder resolutions and AGMs, responses to NGO campaigns and stakeholder criticism, and on managing legal claims and crisis situations.

ESG data governance

As disclosure regimes require businesses to diligence and unearth increasing volumes of ESG data, implementing robust data governance processes to manage, interrogate, escalate and, where appropriate, act on this information is critical. ESG data that businesses make publicly available i will be scrutinised by multiple stakeholders who may in turn make decisions in reliance on such data. Our team has broad experience supporting clients to implement policies and processes to support robust data governance. We advise on strategic approaches to transparency and the content of specific disclosures as well as on building a credible ESG narrative to support access to finance, stakeholder engagement and investor relations. Our team can also help critically analyse ESG ratings to help businesses better understand how they might improve their scores.