Environmental, Social & Governance

ESG is rapidly developing as a key set of international standards and metrics to appraise the impacts of investments in companies and industries.  Investors and governments increasingly evaluate companies based on their real commitments to sustainability, ethics, transparency, and accountability.

As a result, regulatory expectations have emerged, and so have shareholder lawsuits.  These events in turn affect supply chains and commerce for public and private companies.  As the world attempts to transition towards lower carbon emissions, resource efficiency, economic resilience and societal equity, participants in the global economy must navigate a growing field of legal, regulatory, technological and market change.  Opportunities for proactive private sector involvement in elaborating standards and metrics will be presented by these transitions, as well as opportunities for technological innovation and economic growth.  Adaptation to, and mitigation of, the effects of such change will require understanding, anticipating and planning for the challenges and opportunities presented.

Lawyers play a necessary role in this transition. FisherBroyles’ ESG Advisory Group counsels public and private companies, investment advisers, asset managers, and financial institutions in a broad range of ESG-related compliance, strategic planning, and risk mitigation.  Our attorneys take a holistic, cross-disciplinary approach to helping our corporate clients integrate ESG and sustainability frameworks and standards into their policies and procedures with a view toward not merely complying with legal and regulatory requirements but leveraging such requirements for sustainable growth to meet the coming transitions.

Our advisory services include:

Securities & Private Equity, Private Investment Funds

  • SEC public company ESG disclosure requirements
  • Strategic planning, adoption of policies, procedures, standards and metrics
  • Global Compliance for Investment Managers and Funds
  • Internal examinations of ESG practices and procedures
  • Impact investing (public and private)

Banking & Financial Services

  • Sustainability finance, green and sustainability bonds
  • Infrastructure development financing

Corporate Governance

  • ESG governance advice including board oversight of ESG risk, adoption of principles, policies, and procedures relating to ESG matters, and board diversity and inclusion
  • Global supply chain and operational compliance with new laws and regulations related to “Net Zero” green-house gas emissions
  • Climate change impact measurements, offsets, mitigation

Mergers & Acquisitions

  • Conduct M&A due diligence for ESG risk and valuation

Energy/Oil & Gas

  • Environmental health & safety policies and procedures
  • Energy and natural resources
  • Renewable Energy development, finance, permitting and implementation

Environmental Health & Safety

  • Environmental litigation, international arbitration and dispute resolution
  • Geolocation strategies and compliance with new regulations

ESG as an Employment Strategy

  • Advising on employment matters, including benefits, compensation, diversity and inclusivity at all corporate levels

Technology

  • Information technology, data security and resilience
  • Strategic intellectual property counseling
  • Technology innovation and adoption of new technologies

International Disputes

  • Environmental
  • Energy and natural resources
  • Investor/state disputes