Environmental, Social, and Governance (ESG)
Our ESG Lawyers understand that the ESG considerations that will be most important for an organisation will differ, depending on its sector, operational footprint, supply chains, scale and point in the business development cycle. However, there are some key questions that we consistently hear, including:
- How do I interpret and satisfy diverse disclosure requirements?
- What types of ESG policies and plans do I need to put in place to track and manage material ESG risks?
- How do I best identify, assess, evaluate and integrate ESG and sustainability factors when assessing investment decisions?
Gilbert + Tobin’s ESG Lawyers brings together a dedicated group of professionals, with skills from a number of practice areas, to work with clients to not only address core compliance and risk areas, but to also identify and implement best practice on ESG issues. We view the pillars of ESG in Australia and across the world as being highly interconnected – with sustainability at the core.
Our approach is based on:
- Developing a deep understanding of the key ESG risks and opportunities that will be material to enabling a client to achieve its purpose;
- Working closely with a client’s board and senior executives on governance, risk, strategy development and implementation;
- Facilitating enhanced awareness of ESG issues through training and capability development;
- Integrating ESG considerations into deal structuring, due diligence and post-completion value creation; and
- Being actively engaged in areas of policy development that will shape future trends related to ESG in Australia.
With significant focus being placed on the governance and performance of companies across a suite of ESG issues, we work closely with clients to understand, measure and report
We work with senior executives, general counsel, investment professionals and Boards to:
- Identify material issues and risks
- Map the application of the complex network of ESG regulation and assess organisational compliance
- Identify ESG drivers and expectations from a broad range of other stakeholders including investors, employees and regulators
- Integrate ESG considerations into corporate and sustainability strategies
- Help to draft the necessary ESG frameworks, policies and governance approaches to risk management and strategy that reflect best practice
- Incorporate ESG considerations into procurement decisions and contracting approaches
- This provides clients with a clear ESG roadmap that meets their legal requirements, addresses stakeholder needs and facilitates the implementation of best practices.
ESG Due Diligence
As Australia’s leading transactional firm, we have seen the increasing importance that ESG plays in guiding investment decisions. Our team brings the same rigour we apply to all other investment due diligence to ESG due diligence. Our ESG Due Diligence Framework highlights for buyers the key ESG risks and opportunities. This enables key ESG risks and opportunities to be identified and taken into consideration in transaction decision-making, structuring, risk allocation and pricing, ESG score, ESG frameworks, and enabling our clients to develop clear pathways for mitigation of identified risks.
Our due diligence services also extend to human rights and sustainability due diligence for businesses and their supply chains, including applying and putting the UN Guiding Principles into practice.
Specialist ESG Services
We also provide specialised advisory, transactional and dispute resolution services across the following areas:
- Impact Investment
- Sustainable Finance
- Climate Change
- Energy Transition
- Circular Economy
- Biodiversity and Nature
- Employment, Diversity & Inclusion
- First Nations Engagement
- Corporate Governance
- Data and Privacy
- Human Rights and Responsible Business
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