Environment, social and governance (ESG) is a global trend with significant implications for long-term strategy and short-term decision-making. Boards, shareholders and other stakeholders, as well as suppliers, vendors, customers and regulators are all taking note and playing a role. In some countries, ESG has become a partisan political issue, raising additional complexities. In this evolving landscape, what is the role of legal counsel, how does it vary in different industries, what are clients expecting and which skills and best practices should legal counsel be developing to best serve their clients? This session is designed for legal counsel (whether at firms, in-house or in government) who are already familiar with ESG principles and who are seeking a deeper understanding of ESG and how it is affecting their clients and practice.

Topics explored during this session at the CCASA Legal Forum 2023 included:

General Legal Risks

• The rise of the ESG movement: where do things stand today?
• The financial industries and ESG: investing, private equity, banking, and regulatory agencies.
• Case studies from key sectors: ESG best practices.
• The balancing act: ESG in the energy and extractive industries – managing diverse stakeholder interests while keeping the lights on.
• What could possibly go wrong? ESG-related disputes: litigation and enforcement.
• Taking the sense test.

Some interesting articles on the topic:

Bio’s of Panellists

The Intersection of Artificial Intelligence and ESG

From Acronym to Concept – connecting the ESG Pillars

The rise of ESG in the legal profession

A Boom in Environmental, Social and Governance (ESG) is Proliferating Globally

Sustainability & ESG Sense Check

‘Pushed Past Their Limits’: As ESG Tensions Heat Up, Practitioners Are Burning Out, Survey Suggests

‘Seismic Shift’: Top Brass Increasingly Craft ESG Strategy, Taking Reins From Legal Departments

ESG in Private Equity Funds: Insights from the Super Return Conference 2023

The European Union’s ESG Disclosures: A Balanced Stance for Corporate Reporting