Actionable Insights and Business Solutions

Environmental, Social and Corporate Governance (ESG) factors play an ever-increasing role in corporate management and investment strategy, disclosure considerations, and corporate and finance transactions.

Proskauer advises public- and private-sector participants on the rapidly changing ESG landscape, and our lawyers are passionate about helping clients navigate this complex and evolving area. We counsel asset managers, private-equity sponsors, corporate boards, public and private companies, and publicly listed REITs on a multitude of areas, including sustainable investing, regulatory compliance, environmental legal requirements, investment management, corporate governance, employment issues, and ongoing business operations.

Our cross-disciplinary team, consisting of lawyers from our Corporate/Transactional, Labor & Employment, Litigation and Tax Departments, is at the forefront of ESG developments globally. We regularly produce thought leadership on the subject, providing clients with actionable insights and business solutions. In parallel, we frequently speak to trade groups, peer firms, in-house counsel, outside lawyers, and regulatory bodies to keep abreast of developments in this growing area.

Asset Management

  • Fund documentation and scoping exercises
  • Impact and diversity-focused fund formation
  • Sustainable investing
  • Fund disclosure requirements
  • Review and drafting of ESG policies and implementation plans for our clients and their stakeholders
  • Global regulatory developments

Public Company Response and Corporate Governance

  • Advice to public companies and their boards on ESG policy and strategy
  • SEC disclosure requirements related to ESG and strategic advice on anticipated new requirements
  • ESG related shareholder engagement and shareholder activism strategies
  • Review of corporate sustainability reports
  • Board diversity strategy, compliance and disclosure
  • Trends in securities litigation related to ESG disclosures

Climate Change and Other Environmental Considerations

  • Counselling on climate-related investment risk drivers and opportunities, sustainability issues and carbon-emissions reduction
  • Strategic business guidance, including climate change risk, corporate resiliency, adaptation and sustainability best practices
  • Advising clients on compliance with environmental legal requirements
  • Development of environmental management systems and platforms for environmental compliance

Corporate and Finance Transactions

  • Financing, siting and permitting for clean technology and renewable energy projects
  • Due-diligence considerations
  • ESG considerations in transaction structuring, including human capital
  • Green bonds

Human Capital Management and Employee Relations

  • Executive compensation
  • Pay equity and performance-based incentive compensation design
  • Workplace anti-harassment, anti-discrimination and cultural change services
  • Trainings on a variety of issues including, harassment, anti-discrimination, accommodation, diversity and inclusion, wage and hour, cultural and workplace investigations

  • Streamlining policies and procedures for businesses
  • Conducting and advising on high-stakes investigations
  • Representing organizations against claims of discrimination and harassment, whether in arbitration or at trial
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