Overview

Companies and their stakeholders are becoming increasingly attuned to the importance of environmental, social and governance (ESG) issues in a company's operations and investments. Katten's ESG Risk and Investigations team helps companies identify their ESG-related risks, establish the necessary policies and procedures to establish or enhance their ESG programs, and provide counseling on the constantly evolving ESG landscape. We are well-equipped to address the myriad of white collar, compliance, corporate and insolvency needs public and private companies have in the United States and abroad.

A history of advising on ESG-related compliance and risk management

Katten's ESG Risk and Investigations team assists companies with adopting and implementing policies and procedures that promote sustainability and mitigate risk while also creating long-term value for investors. Among other things, we help companies identify their ESG-related risks, develop the necessary policies and procedures to establish or enhance their ESG programs, and prepare and submit the necessary disclosures. We also provide in-depth, independent assessments of our clients' impact on, among other things, diversity, equity and inclusion (DEI); civil rights; human rights; child labor; workplace culture; and gender pay parity. Conversely, we remain abreast of developments in the anti-ESG movement and counsel our clients on reducing their risks in that area (including, where relevant, making the necessary disclosures). We also handle the diverse requirements companies in the ESG sector have in compliance, corporate, finance, white collar, litigation and insolvency, both in the United States and internationally.

Our team has advised clients on numerous ESG issues, including creating ESG programs; counseling on supply chain due diligence and compliance; assessing board composition; creating and advising on DEI programs, initiatives and messaging; advising on anti-ESG legislation; assisting with ESG-related disclosures; preparing comments in response to ESG-related regulatory proposals; remediating ESG-related shortcomings; and resolving ESG-related litigation. We have worked with companies at various stages of the ESG lifecycle, and we meet each client where they are and help them grow to their desired goal. We pride ourselves on providing our clients with practical, cost-effective guidance in the ever-evolving ESG sector and ensuring our team adapts and remains flexible as our clients' risks and priorities evolve.

A strong team backed by diverse experience

Drawing on a strong background in compliance in heavily regulated industries, we provide clients with efficient and effective counsel. At its core, our team leverages our robust experience in compliance and complex deals. This transactional prowess and regulatory knowledge enable us to be strategic and forward-thinking in addressing our clients' needs. Our multidisciplinary team includes ESG-certified attorneys with substantial M&A, litigation, regulatory, finance, fund and corporate governance experience, and several partners with vast DEI experience. Additionally, we are highly skillful at working with and responding to government regulators. With a deep bench, we are well-positioned to help clients address ESG policy concerns and mitigate ESG-related risks.

Having resources and information at the ready is critical, whether a public company is facing shareholder activism or a private company is looking to advance its strategic ESG goals or wants assistance with ESG-related diligence for, among other things, acquisitions, social impact litigation or regulatory risks. Katten operates at the forefront in this space, and we understand the potential business implications for companies attempting to make sustainability and/or social responsibility a core element of their operations or attempting to mitigate their risks in the ESG sector.

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