Environmental, Social, Governance

The Professional's Guide to the Law and Practice of ESG

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American Bar Association
Edited by Brian Israel, Ellen K. Fleishhacker, Teresa Johnson
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This comprehensive book is a practitioner's guide for understanding the myriad of issues related to ESG. It is organized into the following five sections to assist corporations and lawyers in navigating ESG:

Part 1: ESG Is Here to Stay focuses on several big picture topics, including the following:

  • Brief history of the legal underpinning of stakeholder capitalism
  • Case studies identifying categories of stakeholders impacted by ESG-related issues
  • ESG backlash
  • ESG in the United Kingdom and the European Union

Part II: Environmental: Understanding Risks and Opportunities Around Climate and Other Issues covers the "E" of ESG and discusses the following topics:

  • Key principles related to climate risk and management
  • Climate-related disclosures obligations at the federal and international level
  • Key considerations when setting greenhouse gas emissions targets
  • Other emerging environmental considerations
  • Green marketing claims and communications

Part III: Social: Finding a Path for Complex Social Issues covers the "S" of ESG and discusses the following topics:

  • Diversity, Equity, and Inclusion (DE&I) and its legal and political challenges
  • Workforce well-being
  • ESG across borders and international guidelines
  • Highly-politicized social issues
  • Environmental justice

Part IV: Governance: Practical Advice for Getting Governance Right covers the "G" of ESG and discusses the following topics:

  • The role of a company's board in managing ESG issues
  • The role of corporate management in effective corporate governance related to ESG
  • ESG management systems
  • Responding to shareholder initiatives

Part V: The Role of the Lawyer: Helping Companies Navigate Uncharted Waters discusses wide-ranging ESG legal issues, including:

  • Due diligence
  • Internal investigations
  • Monitoring ESG legislative and regulatory developments
  • ESG investment funds
  • Public company disclosures
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