Legal advice on environmental, social, and governance (ESG) policies and disclosures, and underlying sustainability programs, goalsetting, and communications.
What sets Beveridge & Diamond apart from other firms is our 45+ years of work advising companies not only on regulatory compliance but also more generally on tools to manage operational and product-related environmental risks. From materials sourcing, to product manufacturing, to end-of-life disposal and circularity, we understand the environmental and social risks inherent in all levels of supply chains. These Board-level problems require a sophisticated understanding of underlying issues. Our deep experience with risk mitigation, compliance, enforcement, and litigation on these ESG topics allows us to advise holistically not only on ESG disclosures and associated risks, but also on crafting nuanced ESG strategies, programs, and goals to decrease legal and reputational risks.
B&D sponsors the Association of Corporate Counsel's Environmental & Sustainability Network and engages with corporate sustainability officers through, among other venues, our longtime involvement with the World Environment Center. We are also a founding member of the Law Firm Sustainability Network.
We work with the legal, corporate, communications, sustainability, and EHS teams at large and small companies across industries—including specialty chemicals, pharmaceuticals, electronics, manufacturing, electric power, oil & gas, consumer products, and retail. We also work with companies in the financial services industry, including financial institutions, investors, and private equity firms, on ESG policies, goals, and disclosures.
Our services include:
- Advising on and preparing mandatory ESG disclosures, including environmental liabilities, climate-related risks, and conflict minerals disclosures under U.S. securities laws and state-level reporting obligations such as the California Transparency in Supply Chains Act and California’s recently enacted Climate Accountability Package. In addition, (with support from our global network of local counsel) we advise our multinational clients on existing and emerging ESG disclosure requirements around the world, including the EU Corporate Sustainability Reporting Directive, UK Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022, UK Modern Slavery Act, Australia Modern Slavery Act, Norway Transparency Act, and German Supply Chain Act.
- Advising on voluntary disclosures, including the CDP questionnaire, the Task Force on Climate-Related Financial Disclosures recommendations, the Task Force on Nature-Related Financial Disclosures recommendations, and the International Sustainability Standards Board’s disclosure standards.
- Conducting gap analyses and benchmarking reports of existing programs to emerging international requirements for disclosures of ESG information and human rights and environmental due diligence.
- Developing or refining ESG targets or disclosure objectives and establishing and reporting on sustainability goals.
- Assessing and mitigating litigation and enforcement risk related to sustainability or ESG programs, policies, and related external communications and marketing claims.
- Tracking emerging requirements for ESG disclosures and due diligence obligations.
- Advising on corporate-wide and product-focused climate targets (including net zero claims) and related substantiation measures, such as offsets, renewable energy usage, and “insetting” of mitigation measures.
- Advising on biodiversity disclosures and strategies for managing nature-related risks and opportunities.
- Overseeing responsible sourcing and supply chain due diligence, including relating to conflict minerals, forced labor, human rights, and forestry.
- Conducting gap analyses of existing programs to emerging international requirements for disclosures of ESG information and human rights and environmental due diligence.
- Managing initiatives associated with implementing ESG policies and practices (e.g., waste minimization, recycling, use of plastics).
- Defending against claims brought by government entities, regulators, investors, NGOs, competitors, and consumers.
- Litigating claims regarding state consumer protection laws and climate change impacts.
- Interacting with federal, state, and international regulatory bodies and trade associations.
- Tracking shareholder resolutions seeking improved sustainability performance.
- Counseling on assessment, improvement, and engagement related to sustainability ratings and rankings, including those issued by ISS, MSCI, Sustainalytics, and S&P Global.