1-Hour Program

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Overview

A large portion of business organizations, including those in the United States, have or are beginning to address requirements for assessment and disclosure of ESG efforts. Correspondent with these efforts will be legal accountability if they get it wrong.  It is important to recognize that the ESG assessment and disclosure process carry with them potential civil and criminal liability thereby requiring the use of the legal privilege to protect these processes from third parties.

Expert faculty will:

Provide an overview of the current ESG environment for mandatory and voluntary ESG assessments, measurements and related disclosures (7.5 minutes)

  • The ESG movement and related litigation
  • The march toward mandatory assessments and disclosures
  • Market and societal pressures on voluntary assessments and disclosures

 

Introduce the idea that the ESG process for assessment and disclosure of an organization’s performance on ESG goals and measurement can trigger legal liabilities (7.5 minutes)

  • Enforcement risk related to assessments and related disclosure obligations and voluntary disclosures (particularly in the U.S.)
  • Civil liabilities generated by the aforementioned conduct
  • Reputational risks

 

Discuss the use of the legal privilege to protect these processes from involuntary disclosure to third parties including party litigants and government enforcement (20 minutes)

  • Walk through the timelines in various examples where the privilege could be used, waived or never properly set up.  Examples include:
  • Non-privileged ESG audits
  • Non-privileged ESG consultations
  • Non-privileged performance assessments performed internally
  • The M&A due diligence process
  • Company benchmarking
  • Regular ESG reporting (outside of public financial reporting)
  • Preparing and filing the organization’s public company filings
  • Providing comments during public meetings and investor calls
  • Responding to the lender’s ESG inquiries
  • Sustainability/corporate social responsibility annual reports

 

Offer a primer on how to put in and protect the privileges in place using ESG and ESG-related scenarios (25 minutes)

 

Program Level:  Update

Intended Audience:  In-house counsel, outside attorneys, compliance, accounting, finance and other allied professionals involved in the ESG assessment and disclosure process

Prerequisites:  None

Advanced Preparation:  None

Industries

Credit Details

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