Sustainability & ESG
Notable Representations, Key Contacts
We counsel public and private corporations, private equity sponsors and their portfolio companies, boards of directors, C-suite executives, financial institutions and other financial sponsors on the full range of ESG issues that affect their business. This includes advising on ESG (including anti-ESG) considerations in public company and private equity M&A, fund formation and banking and finance, litigation and regulatory matters focused on E, S and/or G matters, and compliance with disclosure requirements and related internal controls and procedures.
Our integrated approach involves partnering with our clients to evaluate their business strategy, assess impacts, risks and opportunities, and provide sound and highly-tailored business judgment and guidance on compliance, market trends and investor expectations. We strive to provide the very best advice to all clients in all industries, irrespective of position on and approach to ESG issues, while being cognizant of tensions that may arise when clients, shareholders and other interested parties have different priorities and expectations.
Our Capabilities
Corporate Governance; Strategy and Risk
- Provide strategic advice regarding sustainability and ESG (and anti-ESG) issues at all stages of a company’s lifecycle, including private equity sponsors and portfolio companies, IPO companies and mature issuers
- Provide in-depth analysis of ESG matters, including the design and implementation of ESG oversight and risk monitoring systems and related controls and procedures
- Conduct risk analysis relating to sustainability-related disclosures, marketing materials and other sustainability claims
- Conduct board evaluations and advise on board composition, skills and committee structure considerations
- Advise on stakeholder matters, helping clients identify, prioritize, and manage ESG issues internally and in external communications
Crisis Management
- Respond swiftly and effectively to various challenges such as discovering financial statement errors, shareholder activism, planned or unplanned CEO and leadership succession, government investigations and financial distress
- Counsel with respect to the full breadth of issues arising from mergers, acquisitions, corporate restructurings and bankruptcies
- Partner with clients to manage legal and reputational impact, bringing particular expertise regarding crises stemming from corporate culture problems and other ESG-related issues
Disclosure and Reporting; Sustainability Ratings
- Advise on sustainability-related disclosures and reporting by public companies and private funds, including compliance with mandatory disclosure requirements, voluntary frameworks, listing rules and fund documentation, and risk mitigation
- Assist clients stay abreast of evolving ESG requirements in the U.S. (federal and state) and Europe, many of which are highly technical
- Help clients address stakeholder concerns and foster engagement in a dynamic and constantly evolving ESG environment
- Advise on ESG-related disclosure policies, procedures and controls, and related oversight
- Provide our clients “early warning” of new developments and emerging trends to help them prepare for change
- Review third party sustainability ratings reports
- Advise on ESG materiality assessments (including double materiality)
Litigation, Investigations, Enforcement and Regulatory
- Advising on “greenwashing” and other significant litigation involving environmental issues, leveraging our successful record litigating claims brought by private litigants, government entities and NGOs in high stakes plastics, public nuisance, greenwashing, and other ESG-related cases, especially on behalf of multinational consumer products companies
- Counsel management and board committees on sensitive internal investigations, internal employment compliance audits, whistleblower claims, government inquiries, and other allegations by regulators, private plaintiffs and activists relating to environmental and/or social claims in advertising, ESG reporting, and other company communications
- Advise clients on litigation risk management and strategy, including implementation
Shareholders and Investor Engagement
- Advise on the full spectrum of complex challenges that may arise from ESG-focused activism
- Work with clients on strategies to effectively communicate with investors around ESG issues
- Advise on impact of evolving stakeholder concerns, including institutional investor and proxy advisory firm policies
- Counsel on conflicts of interest and transactions with controlling shareholders
- Advise on engagement with active shareholders to understand their objectives and help our clients work to achieve a successful resolution
- Advise on takeover defenses
- Assist with the management of and response to shareholder proposals
Transactions and Due Diligence
- Conduct due diligence across varied business sectors and jurisdictions, in all areas of ESG-related regulations and other red flags, such as environmental matters, labor and employment issues, supply chain management, human rights, antitrust, anti-bribery and anti-corruption, anti-money laundering, export controls, sanctions, government procurement, data security and cybersecurity
- Advise on ensuring that impact fund investments comply with commitments set forth in fund documentation, including for Article 8 and Article 9 funds established pursuant to the Sustainable Finance Disclosure Regulation
- Deliver innovative strategies that address the unique challenges faced by private and public investors, energy companies, project sponsors, lenders, and technology suppliers operating in oil and gas, power and renewables, and energy transition spaces
- Advise strategic and financial buyers, private equity portfolio companies and pre-IPO companies on implementing governance structures and strategies relating to ESG matters, including policies, procedures, controls and risk management processes
- Coordinate with third-party consultants to ensure integration into the overall transaction process
Sustainability and Impact Funds
- Advise on formation of sustainability and impact-focused funds
- Counsel clients on integrating ESG considerations into fund strategies and documentation
- Negotiate relevant terms with investors, including ESG-related measurement, reporting and excuse provisions
- Develop ESG-related policies and procedures at the investment, fund and sponsor levels
- Assist clients with navigating regulatory oversight and compliance for private fund sponsors, including with respect to transactions utilizing capital from impact funds
- Counsel on all aspects of the EU Sustainable Finance Disclosure Regulation, Corporate Sustainability Reporting Directive and Taxonomy Regulation
- Assist companies and investors throughout the energy transition and sustainable infrastructure space on transactions involving renewable fuels, carbon capture and sequestration, hydrogen, energy storage, and energy efficiency/greenhouse gas reductions, among others
- Represent issuers and financial institutions in connection with green and sustainability-linked bonds
Environmental, Health and Safety Matters
- Unparalleled experience advising on the environmental, health and safety aspects of acquisitions, divestitures, financings, restructurings and securities offerings across various business sectors worldwide, including regulatory and physical risks relating to emissions and energy transition impacts
- Identify and advise on emerging business risks and opportunities associated with changing environmental policies driven by ESG-related concerns
Artificial Intelligence, Data Privacy and Cybersecurity Counselling and Response
- Provide comprehensive counseling on the full spectrum of data privacy laws in the U.S., Europe and the U.K.
- Perform due diligence and assess transactional risk, and negotiate transactional documents
- Advise on all aspects of the collection and processing of personal data including the use of AI-related products and services
- Help clients navigate the opportunities and risks presented by AI, including and in particular with respect to generative AI, and advise on AI oversight, governance and evolving regulations
- Represent clients in privacy-related litigation and regulatory investigations
- Advise on crisis planning and response in relation to cybersecurity breaches
- Advise management and boards on global privacy compliance and risk management
Human Capital Management, Human Rights, DEI and Anti-DEI
- Collaborate with sponsors, portfolio companies, boards and committees to develop human capital management and human rights policies, procedures and controls, and advise on oversight of such issues, including employee engagement and culture
- Review workforce and supplier programs and policies (including those relating to diversity, equity and inclusion) in light of regulatory and litigation developments and related scrutiny
- Counsel on proxy statement disclosures and advise on diversity reporting expectations of proxy advisory firms and investors
- Advise on pay gap and other human capital shareholder proposals
- Counsel on annual report, proxy statement and sustainability report disclosures relating to human capital management, human rights, supplier programs and conflict minerals
- Advise on employment litigation, governance, disclosure and other considerations
- Undertake racial equity and similar reviews
- Counsel on compliance with whistleblower regulations including with respect to employment and separation agreements
Key Contacts
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See list of lawyers globally
Shortcut Links
Annemargaret Connolly Named 2024 “Environment Lawyer of the Year” and “ESG Leadership Lawyer of the Year”
Euromoney Legal Media Group Americas Women in Business Law Awards
Ranked Band 1 for Environment: Mainly Transactional in D.C.
Chambers USA 2024
Ranked Tier 1 for Environment: Transactional
Legal 500 US 2024
Annemargaret Connolly Ranked Band 1 for Environment: Mainly Transactional in D.C.
Chambers USA 2024
Named National Tier 1 Environmental Law Practice
U.S. News – Best Lawyers “Best Law Firms” Survey 2022*
* Best Lawyers (in America) is by Levine Leichtman Capital Partners
Weil are among the best. They are very well regarded.”
Chambers USA 2024
Very knowledgeable and proficient on the most complex of transactions.”
Chambers USA 2024
Speaking Engagements, Latest Thinking, Firm News & Announcements
Speaking Engagements
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Storming the Gatekeepers: When Compliance Officers and In-House Lawyers Are at Risk 2025
Speaker(s):
Robert Stern
July 16, 2025 — New York, NY — Weil Securities Litigation partner Robert Stern moderated the 2025 edition of PLI’s annual symposium, “Storming the Gatekeepers: When Compliance Officers and In-House Lawyers Are at Risk,” and also participated in several panels throughout the full-day event.
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The Basics of Restrictive Covenant Litigation
Speaker(s):
Bambo Obaro
April 10, 2025 — New York, NY — Complex Commercial Litigation partner Bambo Obaro served on a panel titled “The Basics of Restrictive Covenant Litigation” at PLI’s 2025 Fundamentals of Noncompetes conference. The panel discussed critical components and effective strategies for litigating restrictive covenant cases.
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Judges’ Reflections on Fighting Antisemitism
Speaker(s):
Yehudah L. Buchweitz
February 3, 2025 — New York, NY — Weil Complex Commercial Litigation partner Yehudah Buchweitz moderated a panel entitled “Judges’ Reflections on Fighting Antisemitism,” which was held as part of the Orthodox Union Advocacy Center’s Attorneys’ Conference on Combatting Antisemitism through the Law.
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Sustainability & ESG Quarterly Webinar Series
Speaker(s):
Rebecca Grapsas,
Sophie Smith,
Marc Schubert,
Irina Tsveklova and
Timothy C. Welch
December 11, 2024 — Weil Public Company Advisory Group partner Rebecca Grapsas, Private Equity partner Irina Tsveklova, Regulatory Transactions partner Tim Welch, and Private Funds partners Sophie Smith and Marc Schubert spoke on the panel “ESG for Deal Professionals” as part of the Sustainability & ESG Quarterly Webinar Series.
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TL4: The Competition Law & Artificial Intelligence Summit
Speaker(s):
Jenine Hulsmann
December 3, 2024 — London, United Kingdom — Hear direct from key regulatory stakeholders as they consider the impacts of AI. Reaffirm your understanding of the evolving regulatory landscape. Jenine Hulsmann is a Chair.
Latest Thinking
- 'Game of Whack-a-Mole' Awaits Lawyers Helping Clients Navigate Changing ESG Policies Publication — The American Lawyer — By Lyuba Goltser and Rebecca Grapsas — February 11, 2025
- Transfers of Advanced Manufacturing Production Credits: Perspectives on a Busy Fourth Quarter Alert — Energy Tax Alert — By Steven Lorch, Irina Tsveklova and Jonathan J. Macke — PDF — January 31, 2025
- Weil Private Equity Sponsor Sync - First Quarter 2025 Publication — By Benton Lewis, Chris Mulligan, Brittany Butwin, Michael Stein, Yehudah L. Buchweitz, Arnie Fridhandler, Megan A. Granger, Harvey M. Eisenberg, Luke E. Laumann, Lyuba Goltser, Rebecca Grapsas, Evert J. Christensen, Brittany Burnham, Stephanie Epstein Srulowitz, David B. Gail, Christopher R. Machera, Jonathon G. Soler, Blair Stamas, Carson Parks and Zane Elsisi — PDF — First Quarter 2025
- Corporate Investment in Sustainability at a Crossroads: Value It or Lose It Publication — Sustainable Views — By Rebecca Grapsas — January 27, 2025
- Trump’s Federal Contracting Executive Order Seeks To Impose False Claims Act Liability On Contractors Promoting “Illegal” DEI Programs Alert — By Adam B. Banks, John P. Barry, Sarah Coyne, Chantale Fiebig, David J. Lender, Mark A. Perry, Jonathan D. Polkes, Greg Silbert and Daniel L. Stein — PDF — January 24, 2025
Firm News & Announcements
- Weil Partners Receive Top Honors in 2024 Firm Announcement — January 29, 2025
- Lois Deasey and Martin Weatherston-Wilson Recognized Among The Lawyer’s Hot 100 for 2025 Firm Announcement — January 28, 2025
- Weil Obtains Historic Pro Bono Civil Rights Settlement for Jewish and Israeli Harvard Students Litigation Win — January 24, 2025
- Weil's London Office Shortlisted for Two Categories at the Legal 500 ESG Awards 2025 Firm Announcement — January 21, 2025
- Weil Adds Former SEC Leader Andrew Dean in New York Press Release — January 21, 2025