Background - Practices (Details)

Environmental, Social, and Governance

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Representative Engagements

Our experience covers many types of ESG issues, including:

  1. Policy, regulatory, and legislative counseling:
    • Advising an industry association on developing and advancing policy initiatives in the Asia-Pacific region relating to waste management issues and barriers to financing waste management infrastructure.
    • Representing client advocacy positions in international environmental agreement negotiations.
    • Representing an energy infrastructure investor in over 30 acquisitions of renewable energy projects, including the largest wind power facility in the U.S., and advising our client on relevant environmental, energy, real estate and tax due diligence, and regulatory requirements.
    • Monitoring climate change litigation across the United States to advise companies on potential changes in compliance and disclosure obligations.
  2. Risk management and compliance:
    • Advising a global fast food corporation regarding recycling claims applicable to disposable materials used in food packaging.
    • Advising the world’s largest retailer on the development of a new seafood sustainability labeling system for private label frozen seafoods.
    • Counseling a client regarding international and U.S. standards for importation of recyclable wastes from foreign countries.
    • Advising the leading paper industry trade association regarding FTC Green Guides matter, including comparative environmental benefit claims between corrugated paperboard and plastic cartons.
    • Advising a consumer battery manufacturer company regarding “green claims” and labeling relating to its incorporation of recycled materials into batteries.
    • Assisting a global manufacturing company in creating and maintaining a hazardous materials transportation compliance program.
    • Advising one of the nation’s largest beer companies regarding advertising claims relating to renewable energy and “waste-free” status.
    • Advising a Fortune 200 company regarding U.S. Securities and Exchange Commission reporting obligations with respect to environmental liabilities, including penalties and remediation obligations.
  3. Complex Commercial Contracts:
    • Representing a multinational consumer goods company in acquisitions of emerging growth companies offering goods or services focused on natural ingredients and/or sustainability, including assessing risks relating to regulatory compliance, supply chain, and data privacy and cybersecurity.
    • Providing tax counseling on a carbon capture and sequestration project with capital investment of over $200 million that will generate credits under Section 45Q of the Internal Revenue Code.
  4. Crises, investigations, litigation, and alternative dispute resolution:
    • Successfully challenged misleading energy savings claims for the nation’s largest solar energy provider, resulting a landmark NAD decision setting the standards for making such claims.
    • Led investigation on behalf of renewable-fuels compliance monitoring company with material exposure requiring advising C-suite regarding financial disclosures, setting of reserves, and engaging with auditors.    
  5. Public Affairs:
    • Launching the world’s largest public-private partnership to promote ethical business practices for the medical device and biopharmaceutical sectors in the Asia-Pacific.
    • Developing ongoing engagement opportunities with priority governments and securing minister and head of state recognition of the need to improve land-based waste management and reduce leakage of litter into the marine environment.
    • Developing customized initiatives, partnerships and events for industry stakeholders and non-governmental organizations looking to advance environmental sustainability.
    • Supporting C-level executive engagement at the most prominent international institutions and global environmental meetings.