The cascade of interest in Environmental, Social and Governance (ESG) issues and enterprise sustainability more broadly is being felt acutely within companies and corporate boardrooms. Pressure is mounting from many sides, in particular institutional and activist investors, employees and customers. The lack of more urgent action, including increasing disclosure and engaging with stakeholders, on issues such as climate change, workforce diversity, human capital management and cybersecurity, is increasingly subjecting companies to greater stakeholder scrutiny and activism.

Fenwick is at the forefront of monitoring rapidly evolving trends, issues, norms, laws and regulations related to ESG and enterprise sustainability, advising leading technology and life sciences companies on how to navigate the changing ESG and sustainability landscape. We work closely with late-stage private and high-profile public companies to help them:

  • Understand pertinent regulations, evolving ESG-related legal requirements, varying industry standards and stakeholder considerations;
  • Draft and review ESG disclosure in filings and other communication materials advising on the best approaches to address stakeholder expectations, comply with regulations and incorporate our clients’ ESG goals and priorities;
  • Advise on the design of policies and procedures that help mitigate risk and follow industry best practices and applicable laws;
  • Develop strategies for achieving appropriate board and management oversight, as well as appropriate disclosure controls and procedures; and
  • Devise effective strategies for engaging with shareholders on ESG-related shareholder activism.

When it comes to developing best practices for disclosure, establishing appropriate ESG and sustainability policies and procedures for oversight and compliance measures, our team has the experience to advise clients through each stage of their ESG journey.

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