Corporate Sustainability & Social Responsibility
We bring our knowledge, insights and experience with legal, regulatory and stakeholder concerns to companies seeking to address the impact of sustainability and corporate social responsibility considerations on their businesses.
MAIN CONTACTS
Email: jstout@fredlaw.com
Office: 612.492.7012
Email: rweiner@fredlaw.com
Office: 612.492.7009
What We Do
Experience
Presentations
Our Team
What We Do
We advise for-profit and non-profit businesses on sustainability and social responsibility matters, including ESG, CSR laws, regulations, policies, financial and non-financial voluntary and required reporting obligations and practices, risk management and compliance, and stakeholder expectations impacting sustainable business strategies and activities. Our expertise is supplemented by our active participation with important domestic and international industry, legal, regulatory, financial and advisory organizations and thought leaders addressing the sustainability interests of our business and nonprofit clients.
SERVICES
Governance: Board and Committee Responsibilities
- Develop board sustainability policies, including transparency considerations
- Advice regarding sustainability and CSR oversight responsibilities
- Address sustainability strategy, risk assessment and possible business opportunities
- Review sustainability and CSR compliance systems and processes
- Advice regarding voluntary and required sustainability and CSR reporting
- Develop conflicts of interest and ethical conduct policies
- Analyze various stakeholder sustainability and CSR interests and proposals
- Assess clients’ business activities which implicate various domestic and/or international ESG and CSR reporting standards; assist clients with selection of suitable reporting frameworks and compliance with reporting requirements
Securities
- Draft ESG and CSR disclosures in public and private securities offering documents
- Compliance with reporting requirements and guidance of various regulators and stakeholders, e.g., Dodd-Frank, SEC reporting (conflict minerals, supply chain, cybersecurity, ESG, CSR and other material risks)
- Analyze and advise regarding ESG and CSR exposure to activist investors and stakeholders
- Analysis and advice regarding stakeholder ESG and CSR proposals
- Monitor local, state, national and international ESG and CSR regulatory activities and guidance regarding reporting and listing standards, e.g., the World Federation of Exchanges (WFE) Sustainability Working Group, the Sustainability Accounting Standards Board (SASB), the UN Sustainable Stock Exchanges Initiative (SSEI), and the Global Reporting Initiative (GRI)
Mergers, Acquisitions and Divestitures
- Conduct ESG and CSR due diligence
- Address ESG and CSR risk assessment
- Advise regarding ESG and CSR impact on business transaction valuations
- Negotiate ESG and CSR contractual provisions
Financing and Investment Transactions
- Assess and negotiate ESG and CSR requirements of investors and lenders
- Conduct ESG and CSR due diligence
- Advice concerning, and negotiation of, ESG and CSR contractual reporting and compliance requirements
Contracts/Supply Chain
- Assess and negotiate ESG and CSR requirements with public and private parties
- Advise on supply chain reporting obligations of public and private, commercial and nonprofit enterprises
- Review compliance with domestic and international laws regarding human rights violations in company supply chains
- Consideration of American Bar Association Model Principles regarding human trafficking, child labor and worker safety in company supply chains
- Compliance with sustainability requirements of Federal Acquisition Regulation (FAR), and various federal, state and local government departments and agencies
Labor, Employment and Human Resources
- Advise regarding ESG and CSR legal and regulatory requirements and stakeholder concerns re workers’ compensation, health, safety and human rights issues with respect to domestic and international employment and company supply chain practices
- Advise and defend employers with regulatory, employee and whistleblower complaints, claims, dispute resolution and litigation pertaining to ESG and CSR matters
- Assist employers with the design and implementation of effective policies, systems, processes, procedures and investigations to assess risks, detect, mitigate and resolve improper compliance activities and personnel conduct, as well as promote diverse and inclusive workplaces
Liability Assessment and Mitigation: FCPA and Anti-corruption, Investigations and Defense
- Advise businesses, executives and directors regarding ESG and CSR liability exposure, protection, mitigation and defense including entity structure, governing documents, policies, indemnification and insurance
- Advice regarding anti-corruption laws and regulations
- Assist with design and implementation of anti-corruption compliance plans, training, due diligence and investigations
- Advice, and where appropriate, defense respecting government demands and investigations, as well as shareholder and stakeholder litigation
Renewable Energy
- Advice regarding and negotiations of agreements for the purchase of renewable energy or Renewable Energy Credits
- Structure ownership and operation of renewable energy assets
- Advice regarding and negotiation of EPC contracts, natural gas contracts, and other renewable energy related contracts, including hedging agreements
- Assess low carbon fuel content and content requirements in contracts
- Renewable natural gas contracts
- EPC contracts
- Assistance and advice respecting carbon and other renewable energy financing
Real Estate and Environmental
- Assist with supply chain contracts, energy efficiency contracts and financing
- Advise on site assessments and remediation
- Advice regarding environmental building certifications and construction practices
Healthcare
- Advice regarding unique ESG and CSR implications for health and medical related matters (FDA assessment and compliance, privacy and data protection, government contracts, medical ethics and anti-kickback laws and regulations)
