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Environmental, Social and Governance (ESG)

Environmental, Social and Governance (ESG) considerations are increasingly significant for both public and private sector organisations. Our breadth of practice and depth of experience enable us to provide robust, strategic and effective solutions to ESG challenges, old and new. 

Environmental, Social and Governance (ESG)

At Holding Redlich, we understand that organisations are experiencing increased scrutiny from their clients, investors, regulators, employees and other stakeholders on a growing range of ESG concerns, including as new reporting requirements emerge.

Expertise

What is ESG?

ESG is an umbrella term that stands for the "Environmental", "Social" and "Governance" aspects of commercial activities. Broadly speaking, ESG can be viewed as a set of criteria against which interested stakeholders evaluate risk and value in a company. Increasingly, investors and consumers are aligning investments and spending with ESG values and capitalising on companies which actively address ESG risk through high ESG standards. This shift in behaviour has also attracted the attention of regulators, who are keen to hold organisations to account for their ESG related claims.

Whether relating to greenwashing, modern slavery, renewable energy, other supply chain integrity issues, commercial risk strategy, corporate accountability and directors duties or mandatory regulation we work closely with our clients to identify ESG issues before they arise and develop forward-thinking solutions. Alternatively, when our clients come to us with an ESG related dispute, our in-depth experience as a multi-industry and multi-practice advisory, dispute resolution and litigation firm enables us to deliver tried and tested, practical and effective outcomes.

Environmental

Issues relating to biodiversity loss, climate change, renewable energy, sustainable investment, pollution, water usage, and native title, including:

  • advising participants on the establishment of solar grid generation systems that complied with the requirements of the New South Wales Solar Rebate scheme
  • providing advice relating to native vegetation and threatened species legislation 
  • providing advice in relation to potential or threatened Aboriginal cultural heritage proceedings.

Social

Issues involving diversity and inclusion, discrimination, modern slavery, bullying and harassment, data privacy and security, and workplace health and safety, including:

  • advising a number of large corporations and government entities in relation to modern slavery concerns, reporting and compliance
  • providing advice in respect of Equal Employment Opportunity and discrimination matters including returning to work and parental leave issues 
  • strategic advice on minimising exposure to workplace safety risk and liability.

Governance

Issues involving corporate decision-making, board independence, shareholder activism, corruption, and risk mitigation, including:

  • assisting clients in managing regulators’ monitoring and enforcement visits 
  • advising and acting for various commercial clients in relation to investigations by ASIC, APRA, Australian Crime Commission and other statutory investigatory bodies 
  • reviewing communications and disclosures, including product disclosure statements, prospectuses, and periodic disclosure
  • drafting policies, charters and delegation frameworks for managing corporate risk
  • advising on Australian Consumer Law issues, including misleading and deceptive conduct.

Our Governance expertise.

Experience

Our ESG clients include investment managers, listed and unlisted corporations, superannuation funds, real estate developers, institutional shareholders, government departments, and statutory authorities.

Recent Posts

06 November 2024 - Knowledge

AANA releases new Environmental Claims Code applicable to all Australian advertising

#Technology, Media & Communications, #Environmental, Social and Governance (ESG)

The new Code released by the Australian Association of National Advertisers (AANA) will commence from 1 March 2025, and will require advertisers to ensure that any environmental claims in advertising are truthful, clear, transparent and verifiable.

23 October 2024 - Knowledge

Federal Court fines Vanguard $12.9 million for greenwashing conduct

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Superannuation, Funds Management & Financial Services

The Federal Court has fined Vanguard Investments Australia Ltd $12.9 million for making misleading representations about its Ethically Conscious Fund. This is the highest penalty imposed on a business for greenwashing conduct to date.

04 September 2024 - Knowledge

2024 M&A Review

#Mergers and Acquisitions, #Corporate & Commercial Law, #Environmental, Social and Governance (ESG)

In our latest M&A Review, we share insights on the key trends and changes expected to shape the Australian market this year.