ESG has become an established and vital consideration for consumers, courts and regulators alike. It provides an increasingly complex new framework for understanding a company’s attitude and strategy toward risk, which transcends traditional financial metrics, encompassing a broader spectrum of factors that impact a company’s long-term sustainability and ethical impact.

Saying the right thing, as well as doing the right thing, has never been more important.

The scrutiny applied in this area is now being fast embedded in legal and regulatory frameworks, meaning that companies must comply with an extensive matrix of statutory requirements and demonstrate a willingness to cooperate in the face of regulatory pressure.

Increased risk of litigation exposure

We advise both claimants and defendants in the context of ESG-driven litigation. As ESG reporting and statements are subjected to ever greater scrutiny, inaccurate or misleading disclosure represents a key risk that needs to be mitigated.

To understand the pitfalls to avoid and to adhere to various and increasingly complex reporting standards, we provide clients with a co-ordinated approach to guard against the risk of an ESG-related crisis, working closely with legal and other ESG professionals.

At a time of increased scrutiny and a growing awareness of negative ‘greenwashing’ practices, in the UK and in other jurisdictions, it is likely that the number of high-profile litigation and regulatory cases will continue to grow.

Litigation of this kind can not only result in financial liabilities, but can also severely tarnish a company’s public image, leading to long-term negative impacts on business operations.

Our team has held senior in-house and advisory roles, giving us a deep and invaluable understanding of corporate structures and reporting from the inside, which clients find useful.

Navigating a contentious ESG environment – our work as a firm

Our team has a breadth of experience in advising on both technical regulatory and legal processes as relate to ESG, as well as in developing multiple communications and stakeholder strategies. We have deployed our advisory support to great effect and at considerable pace, in some of the most contentious and challenging circumstances.