Environmental, Social, and Governance

Overview

As legal and regulatory frameworks emerge and change alongside evolving voluntary standards, sustainability considerations remain a priority for stakeholders globally. Crowell & Moring’s global environmental, social, and governance (ESG) team seamlessly collaborates across disciplines to guide clients—both domestic and multinational—through this shifting landscape. We draw on the deep industry, government, and policy experience of dozens of lawyers across various fields as well as experts from our global policy affiliate, Crowell Global Advisors.

Our team advises clients across industries on their full range of ESG and sustainability programs and compliance, including voluntary and mandatory sustainability reporting frameworks, corporate climate and net-zero commitments, circular economy, carbon offsets, greentech transactions, forced labor and social responsibility, supply chain due diligence, greenwashing, investigations, and litigation.

Today, for a company to focus on ESG, it must evaluate both its policies and behaviors against many complex areas including:

Climate Change. Transition to renewable or clean energy, reduction of greenhouse gas emissions, net-zero goals, public commitments and related financial risks and opportunities;
Workplace Issues. Labor rights, the company’s impact on diverse communities, its internal diversity and inclusion policies, and gender equity (including, among others, pay equity); and
Governance Issues. Board governance responsibilities, C-Suite compensation structures, board director election processes, and ethics and compliance program performance, including building a culture of integrity and proactive risk management; and
Supply Chain and Procurement Transparency. Environmental impacts (including supply chain and lifecycle decarbonization) and human rights due diligence (including forced labor, environmental rights, and equity considerations).

Crowell & Moring’s global ESG advisory team, comprised of more than 35 lawyers, directors, and consultants, helps organizations understand and manage the potential risks of ESG issues, formulate corporate strategies, implement ESG-focused best practices, and capitalize on the opportunities that arise. As new legal and regulatory frameworks emerge alongside continuously evolving voluntary reporting standards, our team draws from its deep government, policy, and industry experience to help our clients navigate this landscape, maximizing opportunities while minimizing risks.

Areas of Service

Our global team offers comprehensive services to help companies mitigate legal risk, protect their interests, and promote good stewardship, while increasing their growth potential. We work with key opinion leaders outside of industry and build partnerships with respected organizations so that our initiatives and messages are trusted and welcomed by governments. Our ESG team offers:

Crises, investigations, litigation, and alternative dispute resolution: Representing clients in responding to and managing ESG-related matters, including regulatory investigations, environmental and energy incidents, antitrust inquiries, data breaches, white collar investigations, class action litigation, and investigations brought by state attorneys general.
Policy, regulatory, and legislative developments and related best practices: Analyzing a wide range of global issues, from environmental compliance and corporate governance to diversity, equity, and inclusion initiatives and forced labor concerns. Evaluating and providing counsel on the policies and practices businesses implement to align with these developments, including climate-related analyses, disclosure practices, human capital management, supply chain management, AI, and data privacy and cybersecurity.
Sustainability, climate, and social impact reporting: Guiding clients through voluntary and mandatory ESG reporting, sustainability reports, greenhouse gas reporting, human rights reporting, integrated annual reports, website claims, and public filings. Supporting clients in their interactions with ESG auditors and in developing and executing materiality assessments. Evaluating risks and opportunities of target-setting and reporting approaches on the full range of sustainability issues.
Forced labor and supply chain counseling: Advising producers, importers, and exporters on rapidly evolving laws and regulations. Performing risk analyses and facilitating communications with—and enhancing access to—U.S. and international authorities.
Assessing transactions for ESG-related risks and compliance: Providing ESG counseling on mergers and acquisitions, securities offerings, disclosure requirements, shareholder activism, proxy fights, and investor relations matters. Providing board governance advice and assessment of ESG risks and compliance for target businesses and funds. Helping clients uncover and manage ESG-related risks and liabilities in transactions by developing screening questions and conducting due diligence across relevant areas, such as environmental law compliance, executive compensation, anti-corruption risk, and employment practices. Ensuring that our clients identify and obtain the regulatory approvals necessary to consummate transactions.
Negotiating agreements involving ESG-related goods and services: Negotiating complex agreements involving ESG-related goods and services, such as carbon and environmental credits; supply chain due diligence; engineering, procurement, and construction contracts; and operation and maintenance agreements. Counseling clients on related issues with respect to subcontractors, vendors, customers, and other third parties.
Advertising assessments and counseling on greenwashing: Advising on and litigating regarding “green claims,” the FTC’s Green Guides, sustainability marketing claims, greenwashing actions, and policies and practices for compliance and reporting.
Human capital, racial equity, and civil rights audits and counseling: Analyzing critical ESG exposure actions across all personnel decisions. Examining pay equity, representation rates, employment policies, EEO complaint histories, and human capital programs to provide tailored advice to leadership.
Procurement agreements: Negotiating with suppliers and third-party partners and incorporating key ESG KPIs and terms and conditions into agreements such as engineering, procurement, construction, operation, and maintenance contracts.
Public affairs: Creating platforms to shape ESG discussions and their brand narrative, as well as developing local, regional, and international initiatives, coalitions, and partnerships. Working with key opinion leaders outside industry and building partnerships with respected organizations to ensure governments welcome our initiatives and messages.
Patents: Advising clients at all stages of the patent lifecycle, including drafting and prosecuting patents, advising on patent portfolios, and litigating patent rights. Leveraging experience across a wide range of scientific and engineering disciplines to help clients secure patent rights for inventions in the ESG space, from solar cell technology to electric vehicles. Assisting clients in enforcing patent rights and defending against infringement claims.

Today, for a company to focus on ESG, it must evaluate both its policies and behaviors against many complex areas including:

Climate Change. Transition to renewable or clean energy, reduction of greenhouse gas emissions, net-zero goals, public commitments and related financial risks and opportunities;
Workplace Issues. Labor rights, the company’s impact on diverse communities, its internal diversity and inclusion policies, and gender equity (including, among others, pay equity); and
Governance Issues. Board governance responsibilities, C-Suite compensation structures, board director election processes, and ethics and compliance program performance, including building a culture of integrity and proactive risk management; and
Supply Chain and Procurement Transparency. Environmental impacts (including supply chain and lifecycle decarbonization) and human rights due diligence (including forced labor, environmental rights, and equity considerations).

Crowell & Moring’s global ESG advisory team, comprised of more than 35 lawyers, directors, and consultants, helps organizations understand and manage the potential risks of ESG issues, formulate corporate strategies, implement ESG-focused best practices, and capitalize on the opportunities that arise. As new legal and regulatory frameworks emerge alongside continuously evolving voluntary reporting standards, our team draws from its deep government, policy, and industry experience to help our clients navigate this landscape, maximizing opportunities while minimizing risks.

Areas of Service

Our global team offers comprehensive services to help companies mitigate legal risk, protect their interests, and promote good stewardship, while increasing their growth potential. We work with key opinion leaders outside of industry and build partnerships with respected organizations so that our initiatives and messages are trusted and welcomed by governments. Our ESG team offers:

Crises, investigations, litigation, and alternative dispute resolution: Representing clients in responding to and managing ESG-related matters, including regulatory investigations, environmental and energy incidents, antitrust inquiries, data breaches, white collar investigations, class action litigation, and investigations brought by state attorneys general.
Policy, regulatory, and legislative developments and related best practices: Analyzing a wide range of global issues, from environmental compliance and corporate governance to diversity, equity, and inclusion initiatives and forced labor concerns. Evaluating and providing counsel on the policies and practices businesses implement to align with these developments, including climate-related analyses, disclosure practices, human capital management, supply chain management, AI, and data privacy and cybersecurity.
Sustainability, climate, and social impact reporting: Guiding clients through voluntary and mandatory ESG reporting, sustainability reports, greenhouse gas reporting, human rights reporting, integrated annual reports, website claims, and public filings. Supporting clients in their interactions with ESG auditors and in developing and executing materiality assessments. Evaluating risks and opportunities of target-setting and reporting approaches on the full range of sustainability issues.
Forced labor and supply chain counseling: Advising producers, importers, and exporters on rapidly evolving laws and regulations. Performing risk analyses and facilitating communications with—and enhancing access to—U.S. and international authorities.
Assessing transactions for ESG-related risks and compliance: Providing ESG counseling on mergers and acquisitions, securities offerings, disclosure requirements, shareholder activism, proxy fights, and investor relations matters. Providing board governance advice and assessment of ESG risks and compliance for target businesses and funds. Helping clients uncover and manage ESG-related risks and liabilities in transactions by developing screening questions and conducting due diligence across relevant areas, such as environmental law compliance, executive compensation, anti-corruption risk, and employment practices. Ensuring that our clients identify and obtain the regulatory approvals necessary to consummate transactions.
Negotiating agreements involving ESG-related goods and services: Negotiating complex agreements involving ESG-related goods and services, such as carbon and environmental credits; supply chain due diligence; engineering, procurement, and construction contracts; and operation and maintenance agreements. Counseling clients on related issues with respect to subcontractors, vendors, customers, and other third parties.
Advertising assessments and counseling on greenwashing: Advising on and litigating regarding “green claims,” the FTC’s Green Guides, sustainability marketing claims, greenwashing actions, and policies and practices for compliance and reporting.
Human capital, racial equity, and civil rights audits and counseling: Analyzing critical ESG exposure actions across all personnel decisions. Examining pay equity, representation rates, employment policies, EEO complaint histories, and human capital programs to provide tailored advice to leadership.
Procurement agreements: Negotiating with suppliers and third-party partners and incorporating key ESG KPIs and terms and conditions into agreements such as engineering, procurement, construction, operation, and maintenance contracts.
Public affairs: Creating platforms to shape ESG discussions and their brand narrative, as well as developing local, regional, and international initiatives, coalitions, and partnerships. Working with key opinion leaders outside industry and building partnerships with respected organizations to ensure governments welcome our initiatives and messages.
Patents: Advising clients at all stages of the patent lifecycle, including drafting and prosecuting patents, advising on patent portfolios, and litigating patent rights. Leveraging experience across a wide range of scientific and engineering disciplines to help clients secure patent rights for inventions in the ESG space, from solar cell technology to electric vehicles. Assisting clients in enforcing patent rights and defending against infringement claims.

Contacts

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Juge Gregg
Partner
He/Him/His
- Washington, D.C.
  - D | +1.202.250.9931
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Elizabeth B. Dawson
Partner
She/Her/Hers
- Washington, D.C.
  - D | +1.202.624.2508
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David Stepp
Partner
He/Him/His
- Los Angeles
  - D | +1.213.443.5531
- - D | +1.213.443.5531
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Marcus Navin-Jones
Senior Counsel
- Brussels
  - D | +32.2.897.0872
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Stacey Geis
Senior Counsel
- San Francisco
  - D | +1.415.365.7441
- Washington, D.C.
  - D | +1.202.624.2500
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Insights

Speaking Engagement | 10.29.25

"Emerging Contaminants: Supply Chain," Environmental Law Explored: A Podcast SEERies

Client Alert | 2 min read | 09.30.25
CARB Issues Preliminary List of Entities Covered by California Climate Disclosure Laws
Speaking Engagement | 09.25.25
"Global Sustainability and Competitiveness Summit," Crowell & Moring Seminar, Brussels, BE.
Event | 09.24.25
New York Climate Week Luncheon

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Representative Matters

Our experience covers a wide range of ESG issues, including:

Cross-cutting Sustainability Governance and Risk Management

Advising a Fortune 5 tech company on the full spectrum of ESG issues, requirements, and developments; including mandatory ESG reporting, investigations and enforcement response, green claims and marketing, decarbonization strategy, supply chain engagement, carbon offsets strategy and contracting, and social responsibility.
Advising a global financial services company on comprehensive risk analysis regarding ESG-related commitments and arrangements.
Advising a multinational fashion company on multi-jurisdictional sustainability requirements, communications risks, mandatory reporting requirements, and circular economy issues.
Advising a multinational retailer and manufacturer on circular economy requirements, including developments in the regulation of plastics, extended producer responsibility (EPR), returns and recommerce, and waste management.
Advising a Fortune 50 energy company on preparation of a sustainability legal risk matrix for in-house legal department.

Sustainability-Related Communications Counseling: ESG/Climate Disclosures, Green Claims, and Greenwashing Risk Mitigation

Advising multinational companies on California climate disclosure laws and European sustainability disclosure requirements.
Reviewing and assisting in the drafting of public disclosures for listed companies, including treatment of ESG topics in Integrated Annual Reports.
Advising one of the world’s largest consumer internet investment groups on the development of their technology-related “S” and “G” reporting domains, including use of maturity models and establishment of reportable KPIs as well as and management of interactions with auditors.
Providing legal risk assessments for a variety of proposed sustainability commitments and announcements and assisting with development of annual sustainable impact report for a Fortune 500 tech company.
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.
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.
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.
Advising global oil and gas company on advertising claims and maintaining internal knowledge management system.

Supply Chain Governance, Due Diligence, and Compliance

Reviewing supplier code of conduct for a Belgium-based food-industry multinational, with emphasis on environmental claims and risks of misleading trade practices.
Advising a private equity fund and fund manager with more than $50 billion in assets on its investments in the Asia-Pacific with respect to forced labor and compliance with the U.S. Uyghur Forced Labor Prevention Act.
Counseling a client regarding international and U.S. standards for importation of recyclable wastes from foreign countries.
Assisting a global manufacturing company in creating and maintaining a hazardous materials transportation compliance program.

Complex Commercial Transactions

Advising a multinational company on multiple multimillion-dollar carbon offset transactions.
Performing diligence on ESG- and sustainability-related terms and conditions in M&A transactions and commercial agreements.
Representing an energy infrastructure investor in over 30 acquisitions of renewable energy projects, including the largest wind power facility in the United States Advising our client on relevant environmental, energy, real estate, and tax due diligence, and regulatory requirements.
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.

Crises, investigations, litigation, and alternative dispute resolution:

Successfully defending a multinational snack foods company against greenwashing class action litigation.
Successfully challenging misleading energy savings claims for the nation’s largest solar energy provider, resulting in a landmark NAD decision setting the standards for making such claims.
Leading investigation on behalf of renewable fuels compliance monitoring company with material exposure. Advised C-suite regarding financial disclosures, setting of reserves, and engaging with auditors.
Monitoring climate change litigation across the United States to advise companies on potential changes in compliance and disclosure obligations.

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.
Advising an industry association on developing and advancing policy initiatives in the Asia-Pacific relating to waste management issues and barriers to financing waste management infrastructure.
Representing client advocacy positions in international environmental agreement negotiations.