Environmental, Social and Governance (ESG)

We help our clients create positive return on investments in people, products and the planet, and through the integration of sustainability into every aspect of their business.

Overview

By identifying and prioritizing Environmental, Social, and Governance (ESG) factors, companies contribute positively to society and the environment, while positioning themselves for sustainable long-term success in a rapidly changing global landscape. ESG factors are no longer confined to certain sectors of the economy. Instead, they are a consideration for all commercial enterprises and industries, given the heightened concerns regarding climate change, diversity, equity, and inclusion (DEI), and the need for transparency. Here at Nixon Peabody, we were awarded the Chambers USA “Environmental & Sustainability-Outstanding Law Firm” award in 2023, for our sustainability practice both internally for our own firm as well as externally as a trusted client advisor.

Representative experience

Private Equity Funds: Assessing prospective portfolio investments for adherence with sustainability practices, as well as due diligence for institutions on chosen investment managers.
Multiple clients: Implementing policies and procedures to comply with business human rights, anti-slavery measures and applicable labor law standards in multiple jurisdictions.
Multiple Investment Firms: Advising on compliance with ESG-related regulations and the development of internal policies and external client reporting.
Multiple clients: Advise on the potential impacts and current steps necessary for climate change disclosures, SB253, SB261, the proposed federal supplier rule, and greenhouse gas accounting and offset verification, as well as numerous presentations for the California Lawyers Association, the Continuing Education Bar, and the San Francisco Bar Association.
Multiple clients: Represented and defended against investigations and enforcement actions by the California Air Resources Board under the Truck & Bus, Cargo Handling Equipment, and Large Spark Ignition regulations, including multiple in-person appearances and a successful reduction of a threatened six figures in penalties to a phased compliance plan with no penalties.
Global beverage manufacturer: Review and revisions to Carbon Disclosure Project reporting and sustainability practices, related to Scope 1, 2 and 3 carbon emissions and water usage tracking.
Multiple warehouse owners and operators: Ongoing counseling and defending clients against the South Coast Air Quality Management District Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program, avoiding penalties and/or Notices of Violation, and negotiating compliance plans.
Major energy company: Advised on navigating New York’s regulatory framework to build an energy pipeline.

Ed Winters | Corporate and Finance Lawyer | Nixon Peabody LLP

ESG integration is a critical component of business today. Stakeholders and consumers increasingly demand more sustainable operations and greater transparency from companies. The advantages of meeting those expectations are manifold and typically provide a competitive advantage alongside positive societal and environmental impacts.

Ed WintersCo-Lead, ESG Practice

Our Solutions

Helping clients understand how to integrate ESG standards into their operations and activities, as well as monitoring the efficacy of such policies in the face of legislative change.
- Development, revision, and implementation of ESG policies and frameworks
- Regulatory compliance assessments and guidance
- Due diligence reviews for ESG factors in mergers and acquisitions
- Tracking of legislative, consumer, financing, and market trends
- ESG disclosure requirements under securities laws (e.g., SDFR)
- Sustainability reporting frameworks (e.g., GRI, SASB) and laws
- Assurance services for ESG disclosures
Providing senior management and the organizations they lead with the tools to implement sustainable, socially conscious cultures and corporate activities.
- Board oversight and governance structure advisory
- Executive compensation and incentives aligned with ESG goals
- Shareholder engagement and proxy advisory services
- Stakeholder engagement strategies
- Diversity, equity, and inclusion (DEI) policies and training
- Human rights due diligence and reporting
Developing new financial products for institutions to meet growing investor appetite for impactful investments.
- Structuring sustainable finance transactions (green bonds, sustainability-linked loans)
- ESG due diligence for investors and lenders
- Developing impact investing and social finance strategies
Bringing together our attorneys’ science backgrounds and industry knowledge of climate, air, and energy policies, we help identify practical solutions to the dynamic climate change reporting environment.
- Advice on scope, engagement of environmental professionals, and review of carbon tracking inventories, including in-depth knowledge of Scope 1, 2, and 3 categories
- Advice on process, engagement of environmental professionals, and review of water usage and strategies for water reduction
- Analysis, independent research, and comment on third party verification for carbon offset acquisitions
- Environmental impact assessments and mitigation strategies
- Permitting and regulatory compliance for renewable energy, carbon capture and other sustainability projects
- Climate change and sea level rise risk management and adaptation strategies
- Drafting of carbon credit service and purchase and sale agreements
- Defense of regulatory enforcement for air emission and climate change requirements by the U.S. Environmental Protection Agency, State, and regional agencies
- Tracking of the frequent legislative and judicial actions in climate change, air emissions, and public trust doctrine
- Negotiating compliance plans, supplemental environmental projects, and minimizing penalties as feasible
- Drafting defensible public offering disclosures regarding climate change and sea level rise
- Identifying funding and grant opportunities for emission reduction strategies
- Supplier due diligence and risk assessments
- Contractual frameworks to enforce ESG commitments throughout the supply chain
- Conflict minerals compliance under Dodd-Frank and other regulations
- Defense and prosecution of ESG-related claims
- Class action defense related to environmental and social issues
- Alternative dispute resolution mechanisms for ESG disputes

Our Team

See Full Team

Key Contact
Alison B. Torbitt
Partner / Co-leader, Food, Beverage & Agribusiness / Co-leader, Environmental / Co-leader, ESG Practice
- San Francisco
- Office:+1 415.984.5008
- atorbitt@nixonpeabody.com
Key Contact
Ed Winters
Partner / Co-leader, ESG Practice
- New York
- Office:+1 212.940.3009
- ewinters@nixonpeabody.com
Key Contact
Paul F. Downs
Counsel
- New York
- Office:+1 212.940.3029
- pdowns@nixonpeabody.com