Environmental, Social and Governance (ESG)  

Dechert provides sophisticated and practical advice to clients across the U.S., Europe, Asia and other jurisdictions on ESG matters. We understand that our clients are facing increasingly complex and far-reaching calls from regulators and stakeholders such as investors, employees and communities to meet ESG goals. ESG is at the global intersection of law, regulation and market developments, and effective ESG counseling is grounded in multidisciplinary and multijurisdictional experience and deep knowledge of a client’s business.

Dechert’s global, multidisciplinary team – including representatives from all of our major practice areas in the U.S., Europe and Asia – monitors for and provides actionable advice related to legal, regulatory, enforcement, market, business and other ESG trends and developments in jurisdictions around the world. Because of our experience in working with a broad and deep set of businesses and industries, Dechert is well positioned to help our clients anticipate and respond to emerging ESG trends and developments in a comprehensive and cost-effective manner.

Recent Activities

Webinar: EU ESG Regulatory Developments – SFDR Phase 2: Implementation of the RTS (May 26, 2021)

Webinar: The Many Shades of Global ESG and Sustainable Investing: Enforcement, Examination and Compliance Risks (May 18, 2021)

Podcast: Committed Capital | ESG and Asset Management: Challenges and Opportunities (April 26, 2021)

OnPoint: SEC Division of Examinations Issues Risk Alert Regarding ESG Investing (April 22, 2021)

 

Service Areas

  • We provide sophisticated and practical advice to asset managers across the U.S., Europe, Asia and other jurisdictions on ESG matters. Our long history representing leading asset managers on cutting-edge and business-critical matters in the major global markets means that we are well positioned to help our clients navigate the complexities of the rapidly evolving ESG market and multiple regulatory frameworks.

    ESG investing is an increasing and rapidly developing priority for investors, asset managers, portfolio companies and, increasingly, regulators. Investors’ consideration of the social and environmental impact of their investment activities is transforming the proposition offered by many asset managers and the ways in which they operate that both includes and transcends regulatory considerations. Emerging ESG trends and issues also affect the way that asset managers think about investment objectives, methodologies, processes, performance and disclosure. Understanding legal, regulatory, market and business considerations and requirements that apply to ESG is crucial for not just legal and compliance professionals but also investment professionals and other business personnel.

    For more information and additional resources, please visit our ESG for Asset Managers page.

  • A cross-section of experienced, trusted and diverse Dechert lawyers, including from our internal investigation and labor and employment groups, have developed a novel audit program in response to demand from the market, public and regulators for companies to bridge racial, gender and equity gaps. Dechert’s lawyers have a track record of working with clients on diversity issues and can ensure that any review is covered by privilege, tailored to the needs of our clients, and identify areas for improvement. Our diversity, equity and inclusion (DEI) audits are phased and provide a blueprint for measurable organizational improvement, while also mitigating legal risk mitigation and strengthening compliance outcomes.

    This work is more important than ever as companies need effective DEI programs to minimize legal risk, boost employee recruitment and retention and increase cultural competency. DEI programs also strengthen companies in many ways, including responding to due diligence questionnaires regarding diversity issues.

    Visit our Diversity, Equity and Inclusion page for more information about Dechert’s DEI culture and strategy.

  • Dechert’s environmental lawyers advise clients on the ever-changing and complex environmental parameters surrounding environmental, social and governance (ESG) mandates. No matter the industry or jurisdiction, business dealings can be mired in complex environmental matters. With the rise of ESG directives around the globe, our lawyers are working diligently on behalf of clients to spot risk factors and opportunities from the outset in order to establish effective mitigation strategies and ensure an effective market solution.

  • Dechert’s Global Tax practice monitors and provides clients with critical advice pertaining to environmental, social, and governance (ESG) standards. As dynamic as ESG guidelines have become, our lawyers work with corporate clients to make sure that their tax strategy is in alignment with the latest ESG mandates. By being global in nature, our tax lawyers’ expertise of various jurisdictional tax laws allows us to provide clients with location-specific guidance to ensure tax compliance and optimization.

  • Environmental, social and governance (ESG) considerations have been a key component of bilateral and multilateral trade agreements for many years and can have a long-term impact on global trade and investment. The recent EU-UK Brexit negotiations, the upcoming U.S.-UK trade negotiations and other trade discussions include considerations that can have a significant impact on businesses, such as sustainable investment disclosure rules, gender diversity for corporate boards, environmental rules and commitments to the workforce, including management and worker representation on corporate boards. Companies that maintain a strong ESG profile and awareness will be best prepared to compete in the global market. Dechert's international trade team regularly advises companies on the impact that these trade agreements can have on their business operations and evaluates their ESG risks and opportunities.

  • As ESG standards continue to evolve around the globe and greater focus is placed on environmental, social and governance risks and opportunities, private equity funds, their investors and portfolio companies are becoming more intertwined with these mandates. From setting up an ESG-focused fund to preparing the sale of a portfolio company with ESG implications, a global, multi-disciplinary team of Dechert lawyers, including those who focus on corporate transactions, fund formation, corporate governance, finance, litigation, environmental, labor and tax, are well versed in understanding local ESG mandates and how they affect investment strategies and objectives, due diligence, regulatory and other disclosure requirements. Our lawyers collaborate closely with private equity clients to provide sophisticated guidance on evolving market best practices in the industries in which they operate to address their ESG concerns and develop tailored solutions for ESG’s dynamic benchmarks and growing influence in capital raising and private investment transactions.