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The Sustainability and ESG Advisory practice published a white paper, “2020 U.S. Policymaker ESG Primer,” in partnership with Refinitiv, one of the world’s largest providers of financial markets data and infrastructure. The primer, intended for investors, regulators and policymakers, provides foundational knowledge of what constitutes ESG, identifies what data is available and what data still needs to be collected, and highlights the frameworks and standards that currently exist. The primer is the only EGS-focused white paper being circulated over the next few weeks to incoming policymakers and senior government officials and advisors, many of whom may not have substantial knowledge of the topic. Continue Reading Paul, Weiss Publishes 2020 U.S. Policymaker ESG Primer in Partnership With Refinitiv

Dave Curran, Co-Chair of the Sustainability and ESG Advisory Practice at Paul, Weiss and Executive Director of the ESG and Law Institute, co-authored a column, “Hiring the ESG Dream Team,” with Amelia Miazad, head of Berkeley Law’s Business in Society Institute in ALM Corporate Counsel on September 30.

The authors discuss the challenges law firms and corporations face in hiring lawyers with ESG knowledge and skills, and how to build an ESG mindset, which can open up career opportunities for corporate lawyers. “The standard lawyerly approach—researching precedent and applying the law—doesn’t work when it comes to giving advice in the gray areas of ESG. Lawyers also need to be nimble, as ESG issues can and do change very quickly,” they write.

Berkeley’s Business in Society Institute is Paul, Weiss’s inaugural academic partner for the newly launched ESG and Law Institute.

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ESG Terminology

“ESG” describes a set of environmental, social and governance factors used to measure sustainability and long-term value beyond traditional financial measures. ESG topics increasingly are the focus of asset managers, asset owners such as pension funds and insurance companies, and other investors, as well as proxy advisory firms, index providers, regulators and rating agencies. ESG themes now routinely figure on agendas of corporate boards of directors and corporate management teams.

There is no single definition of ESG and no single set of ESG standards or metrics. We highlight below the topics commonly covered within the three categories of ESG and provide definitions of some of the key terms used in ESG disclosures, reports and regulations. Continue Reading ESG Lexicon

2020 ESG Trends: In a year overshadowed by the Covid-19 global pandemic, many questioned whether the momentum ESG experienced leading up to the crisis was sustainable, or if companies would decide to focus on other priorities. That concern was laid to rest when the pandemic was followed rapidly by protests focused on racial and social injustice and other unrest, and ESG initiatives continued to be prominent in both the public and private sectors. ESG has proven to have genuine staying power with an array of very influential stakeholders, including governments, investors, employees, activists, NGOs and related constituencies taking up the mantle. We examine some of the key trends in ESG investments, reporting standards and regulatory regimes during 2020:

Continue Reading Sustainability & ESG Year in Review: Key Takeaways

Paul, Weiss hosted a roundtable, “ESG and Board Diversity, Equity & Inclusion: Connecting Aspiration to Action.” Paul, Weiss Chief Sustainability and ESG Officer Dave Curran facilitated the conversation with Joan Conley, senior advisor on corporate governance & ESG programs at Nasdaq; Byron Loflin, global head of board engagement at Nasdaq; Janet Hill, board member of Carlyle; Megan Starr, global head of impact at Carlyle; David Chun, founder and CEO of Equilar; and Julian Ha, partner at Heidrick & Struggles. Continue Reading Takeaways – ESG and Board Diversity, Equity & Inclusion: Connecting Aspiration to Action

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On June 9, litigation partner Jeh Johnson was appointed Special Advisor on Equal Justice in the Courts by Chief Judge Janet DiFiore to review equal justice and racial bias in the New York State court system, the largest and most complex in the country. The final report, delivered on October 1 and released October 15, was covered extensively, including by The New York Times and legal media. Continue Reading Secretary Johnson’s Independent Review of New York Court System Yields Recommendations for Advancing Equal Justice