Environmental, Social and Governance (ESG)

Environmental, Social and Governance (ESG) issues touch nearly every aspect of Vinson & Elkins’ practice, from supporting the energy transition to helping companies develop ESG policies and plans, to assessing potential litigation and regulatory risks. Our interdisciplinary team is dedicated to helping companies, investors and stakeholders proactively understand, manage, and disclose ESG strategies, risks and opportunities by drawing upon deep knowledge of many practice areas across the firm. By equipping our clients with the right resources, we can help organizations build long-term ESG strategies and deliver an empowered message to their stakeholders. Covering a broad range of topics and issues, including climate change, sustainability, corporate social responsibility, human rights, diversity, cybersecurity, the ESG rating process as it relates to employer policies, investor relations, and more, our ESG practitioners draw upon the significant capabilities in our governance, environmental, technology, shareholder activism, sustainable finance, and labor and employment teams to provide practical and tailored guidance for our clients.

Our team regularly assists clients with the full scope of ESG issues, including:

Critically analyzing ESG risk profiles through our deep understanding of the relevant frameworks, guidelines, and rating systems
Creating and implementing a long-term ESG strategy
Effectively communicating with the Board of Directors on ESG issues and advising on Board oversight of ESG matters
Working with clients to form and restructure internal core ESG teams, identify gaps or overlaps in responsibilities and duties, and provide trainings to the core ESG team
Assisting with ESG integration efforts, including with respect to building and enhancing a corporate culture in alignment with ESG goals
Conducting ESG due diligence
Engaging with investors on ESG issues, including assessing public ESG positions and investor engagement programs
Assisting clients in assessing ESG issues as a tool in activism defense
Shareholder activism and proxy fights relating to ESG matters
Working with clients to disclose key ESG information, including the coordination of reporting climate scenario analyses, required financial disclosures, and other investor relations communications to manage litigation risk related to common law climate change claims and other claims
Advising on avoidance of greenwashing claims
Assessing and preparing for changes in ESG regulatory regimes
Supply chain matters
Cyber security matters
Sustainable finance, including green bonds, sustainability-linked financing and the employment aspects of those loans
Advising on the ESG rating process as it relates to employer policies

Experience Highlights

Major U.S. Airline in the development and implementation of carbon offset offering program, including with respect to offset generation, verification, and trading matters, and commercial agreements related to same
International energy company in the formulation of strategic GHG reduction goals, including reallocation of capital towards low-carbon energy technologies
Advised a leading global bank on the preparation of the first U.S. Task Force on Climate-related Financial Disclosures (TCFD) Report; also advised on preparation of second and third TCFD Reports
Advising several large publicly traded companies on ESG risk management strategy, working hand-in-hand with senior management and internal company stakeholders to identify key ESG risks and develop processes, governance structures, and communication strategies to manage these risks
Midstream services provider in connection with 2021 ESG reporting and GHG reduction targets, and strategic advising, board education, and disclosures counseling around climate risk and goal setting
Advising an E&P company on the legal considerations related to the preparation of its first climate change report and related corporate governance changes, including modifications to board committees to address climate change risks