Representative Matters

  • GHG Reporting/Climate Change 

    • We prepared a briefing paper for a company's legal team in support of the company’s 2030 goal of net zero GHG emissions, assisted with a communications strategy around this goal, and prepared guidance for the marketing teams on the guardrails for claims and statements about progress toward the goal.  This included advising the company on the balance between GHG reductions through operational change vs. offsetting in meeting this goal. 

    • For another client, we advised on the announcement and concept paper for the company’s new Scope 3 GHG reporting and emissions reduction goals, including whether to formally commit to working with the Science Based Targets Initiative to approve the reduction goals are in line with climate science. 

    • We have developed for different companies and industry associations comprehensive and detailed climate change policy white papers.  These deep-dive exercises help our clients address emerging climate regulatory regimes, position themselves competitively, and evaluate both internal and external positions on a range of climate change issues and policies. These exercises also entail “state of play” analysis of private governance efforts within the U.S. and relevant considerations for reducing emissions, sourcing or developing carbon offsets, and communicating those actions to the public in compliance with applicable laws.

    • Assisting several clients with carbon offset projects and transactions, including novel “insetting” approaches to reduce emissions through product value chains.

  • Counsel to Fortune 50 Technology Company on Corporate Sustainability Goals and Disclosures. We provide ongoing strategic counseling to a global Fortune 50 technology company recognized as an industry leader on sustainability.  Our support covers corporate sustainability goal-setting, annual reporting on progress toward goals including through the company’s sustainability report, developing internal processes and structures to support a consistent approach to data collection and external communications, as well as legal reviews of sustainability ratings and rankings submissions and corporate filings.   

  • Counsel to Fortune 500 Power Generation Company on Environmental Reporting, Sustainability Disclosures, and Green Marketing.  We counsel a global Fortune 500 power generation and technology company on environmental content in its mandatory and voluntary disclosures. This includes review of SEC annual filings, Climate Disclosure Project reports, and green marketing materials to ensure compliance with applicable federal requirements. B&D provides similar services for reporting obligations related to human rights, chemical use, and sustainability.

  • Counsel to Fortune 50 Telecommunications Company on Corporate Sustainability Vision and Submissions to Sustainability Ratings Organizations. We counsel a Fortune 50 telecommunications company on its annual submissions to sustainability ratings and rankings organizations including the Carbon Disclosure Project and the Dow Jones Sustainability Index.  More recently, we assisted the company in the development and announcement of its long term sustainability vision and ambitious climate, product design, and waste-related goals.   

  • Served as outside counsel for a new global multi-stakeholder sustainability platform that will set global standards for a chain of custody and sustainable production guidance for a commodity product. This included drafting the corporate charter, establishing membership and voting rules to govern platform operations, and coordinating antitrust and foreign local law reviews to establish the new entity. 

  • Training clients on environmental marketing claims strategy to minimize risk of enforcement, competitor lawsuits, or competitor challenge before the National Advertising Division of the Better Business Bureau
  • Counseling and training national utilities and municipalities on incorporating environmental justice principles into project development, including developing company-wide environmental justice policies and initiatives, Title VI of the Civil Rights Act investigations counseling, reputational risk mitigation, and best practices for external community engagement
  • Assisting clients with developing product take back programs and managing end of life products, including environmentally responsible recycling
  • Assisting client with negotiating contracts with an environmental non-profit organization to restore ecosystem services in connection with water used by data centers