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ESG Readiness: 5 Steps To Transform The Legal Department – Above the Law

Companies
are
under
increasing
pressure
from
their
stakeholders
to
improve
Environmental,
Social,
and
Governance
(ESG)
performance.
The
legal
department
plays
a
crucial
part
in
spearheading
the
necessary
shifts
in
daily
tasks
and
operational
strategies.

Legal
departments
should
start
by
aligning
their
practices
with
emerging
ESG
expectations.
By
taking
a
proactive
approach,
the
legal
department
not
only
ensures
legal
compliance
but
also
becomes
a
catalyst
for
change,
embedding
ESG
principles
throughout
the
organization’s
fabric.
Taking
these
five
steps
will
make
legal
departments
ESG-ready:


  1. Review
    upcoming
    regulations.

    Make
    this
    your
    first
    action,
    If
    you
    have
    not
    done
    it
    already,
    you
    really
    cannot
    delay
    any
    further.
    A
    lot
    of
    regulations
    on
    the
    horizon
    require
    disclosure
    and
    (in
    the
    EU)
    supply
    chain
    due
    diligence.
    These
    regulations
    may
    apply
    to
    your
    company,
    or
    you
    may
    be
    pulled
    into
    their
    orbit
    as
    a
    result
    of
    client
    requirements.
    Legal
    teams
    must
    identify
    applicable
    ESG
    regulatory
    requirements
    and
    communicate
    them
    to
    the
    business.

  2. Appoint
    ESG
    champion(s).

    Change
    requires
    leadership.
    To
    make
    progress
    on
    ESG,
    someone
    in
    your
    department
    will
    need
    to
    make
    it
    their
    job.
    This
    may
    be
    all
    a
    full-
    or
    part-time
    role
    depending
    on
    the
    size
    of
    your
    organization.
    If
    you
    are
    a
    solo
    GC

    congratulations,
    you
    are
    the
    new
    ESG
    champion.
    Large
    legal
    departments
    with
    global
    operations
    will
    require
    a
    network
    of
    team
    members
    spanning
    geographies.

  3. Educate
    your
    team.

    Legal
    teams
    need
    to
    come
    up
    to
    speed
    on
    ESG
    concepts,
    terminology,
    frameworks,
    regulations,
    and
    reporting
    standards.
    Start
    with
    your
    champions.
    Encourage
    them
    to
    review
    existing
    resources
    (like
    PLC),
    attend
    training,
    and
    talk
    with
    experts.
    Your
    champions
    can
    then
    bring
    the
    information
    most
    relevant
    to
    your
    company
    back
    to
    your
    larger
    legal
    team.

  4. Update
    your
    compliance
    program:

    Enhancing
    compliance
    programs
    to
    incorporate
    ESG
    requirements
    is
    critical.
    Whether
    it
    is
    inside
    or
    outside
    of
    the
    legal
    department,
    the
    compliance
    function
    will
    need
    to
    conduct
    a
    comprehensive
    review
    of
    existing
    policies
    and
    procedures,
    identify
    areas
    where
    ESG-related
    risks
    may
    arise
    (such
    as
    environmental
    regulations,
    labor
    standards,
    and
    data
    privacy),
    develop
    training
    programs
    to
    educate
    employees
    on
    ESG
    compliance,
    and
    implement
    monitoring
    mechanisms
    to
    ensure
    ongoing
    adherence
    to
    these
    requirements.

  5. Identify
    key
    issues.

    A
    broad
    range
    of
    issues
    are
    included
    under
    the
    heading
    ESG.
    The
    importance
    of
    the
    different
    issues
    depends
    on
    your
    industry,
    size,
    location,
    and
    stakeholders.
    You
    will
    need
    to
    identify
    your
    company’s
    key
    issues
    and
    where
    they
    intersect
    with
    the
    legal
    department.
    Consider
    these
    areas:

  • Supply
    chain:

    Supply
    chain
    disclosure
    and
    due
    diligence
    standards
    are
    increasing
    sharply.
    Your
    legal
    team
    will
    need
    to
    build
    these
    considerations
    into
    the
    contracting
    process
    and
    terms.
    This
    includes
    conducting
    thorough
    assessments
    of
    suppliers’
    environmental,
    social,
    and
    governance
    practices
    to
    ensure
    alignment
    with
    ESG
    principles.
    Implementing
    contractual
    clauses
    that
    require
    suppliers
    to
    adhere
    to
    ESG
    standards
    can
    help
    mitigate
    risks
    and
    strengthen
    your
    company’s
    commitment
    to
    sustainability.


    • Disclosures:

      Investors,
      regulators,
      and
      consumers
      are
      focusing
      on
      company
      disclosures
      regarding
      environmental
      and
      social
      factors.
      It
      is
      crucial
      for
      your
      legal
      team
      to
      work
      closely
      with
      leaders
      responsible
      for
      internal
      and
      external
      communications
      to
      ensure
      accurate
      and
      consistent
      messaging
      across
      all
      public
      statements,
      including
      websites,
      news
      stories,
      and
      regulatory
      filings.
      Failure
      to
      meet
      this
      standard
      could
      give
      rise
      to
      allegations
      of
      greenwashing,
      damaging
      the
      company’s
      reputation,
      and
      undermining
      trust
      among
      stakeholders.

    • Human
      resources
      policies:

      Human
      resources
      policies
      play
      a
      vital
      role
      in
      supporting
      an
      ESG
      framework.
      Your
      legal
      team
      should
      collaborate
      with
      the
      HR
      department
      to
      review
      and
      update
      existing
      policies,
      such
      as
      those
      related
      to
      diversity
      and
      inclusion,
      employee
      well-being,
      and
      health
      and
      safety.
      Emphasize
      the
      importance
      of
      creating
      a
      positive
      work
      environment
      that
      aligns
      with
      ESG
      principles
      and
      fosters
      employee
      engagement
      and
      satisfaction.

    • Governance
      structure:

      Strong
      governance
      is
      essential
      for
      effective
      ESG
      implementation.
      Legal
      departments
      must
      review
      the
      existing
      governance
      structure
      and
      recommend
      any
      changes
      necessary
      to
      effectively
      implement
      an
      ESG
      framework
      or
      comply
      with
      ESG
      regulations.
      Collaborate
      with
      the
      board
      of
      directors
      and
      executive
      leadership
      to
      establish
      clear
      lines
      of
      accountability
      and
      responsibility
      for
      ESG
      matters.
      This
      includes
      incorporating
      ESG
      considerations
      into
      leadership
      charters
      and
      establishing
      reporting
      mechanisms
      to
      monitor
      and
      disclose
      progress.

By
getting
its
own
house
in
order
and
actively
participating
in
the
development
and
implementation
of
ESG
initiatives,
legal
departments
can
provide
valuable
leadership
and
support
in
integrating
ESG
principles
into
the
company’s
overall
strategy.
Embracing
ESG
will
lower
your
company’s
risk
while
also
making
it
more
competitive
in
the
context
of
evolving
market
expectations.




Christine_UriChristine
Uri
is
the
Chief
Legal
and
Sustainability
Officer
at 
ENGIE
Impact
 –
a
company
that
enables
global
corporations
to
accelerate
their
net-zero
carbon
journey.
Christine
began
her
career
as
a
business
attorney
20
years
ago,
providing
legal
counsel
to
businesses
ranging
from
local
start-ups
to
international
Fortune
500s.
She
is
a
general
counsel,
sustainability
leader,
public
speaker,
and
content
creator.
Christine
believes
that
improving
corporate
performance
on
ESG
measures
is
critical
to
building
a
more
sustainable
world.
She
is
passionate
about
inspiring
and
empowering
in-house
legal
teams
to
provide
ESG
leadership. You
can
follow
Christine
on 
LinkedIn. This
article
reflects
Christine’s
personal
opinions
and
not
the
opinions
of
her
employer.