Nearly every global business, regardless of its sector, faces increasing Environment, Social and Governance (ESG) risks. There is a growing need for organizations to be able to anticipate potential issues, understand their business implications, and identify and leverage strategic ESG opportunities, and plan for long term value. Paul Hastings can help.

Client Successes

• Advised an investment fund manager on ESG-related corporate governance issues, including analysis of the application of Delaware law and fiduciary duty principles to the consideration of ESG factors in long-term strategic planning.

• Advised a major multi-national mining company on securities lawsuits in the U.S. and Canada involving alleged misstatements regarding environmental issues in South America.

• Advising a leading technology company involved in AI and surveillance products on policies and procedures aligned with the UNGPs, the UK Modern Slavery Act, the Voluntary Principles on Security and Human Rights, and other laws and norms.

• Advised a major extractive company on the identification of salient human rights risks to stakeholders and material human rights risks to the business associated with an asset disposition.

• Advising one of the largest privately held corporations in the United States on sea level rise adaptation strategies and permit compliance.

Helping Clients Navigate Complex ESG Issues

We contribute to the success of our clients by helping them plan for long-term value, minimize risk of future ESG problems, and navigate such problems should they arise. From developing innovative compliance programs and measures to conducting complex, sensitive internal investigations, we help our clients manage ESG-related legal and regulatory challenges, mitigate risk, and resolve difficult disputes.

A First-of-Its-Kind Interdisciplinary Practice

Our multidisciplinary team brings together leading lawyers from across our global practices to advise clients on legal and reputational risks and opportunities in this rapidly growing area of law. Our advice encompasses:

• Risk assessments and due diligence

• Governance system design and implementation

• Non-financial reporting

• Investigations and disputes

• Grievance mechanisms

• New legislation and standards

• Labor and employment/workforce issues

• Environmental law

Shaping the developing ESG landscape

Our team includes:

• Former Director for Legal Affairs for the Organization for Economic Cooperation and Development (OECD)

• A Strategic Advisor to the Voluntary Principles on Security and Human Rights

• A Senior Advisor to Business for Social Responsibility

• The North American Advisor for the global Business Initiative

• The founder and editor of Paul Hastings’ first-of-its kind global study, Breaking the Glass Ceiling: Women in the Boardroom

• The editor of Mapping the Trends: The Global Employer Update, which was highly commended in the FT Innovative Lawyer Report