Environment, Social and Governance

In collaboration with our M&A team, we conduct legal due diligence in the field of ESG within your own supply chain or at target companies in the context of mergers, acquisitions, joint ventures, and other investments. This research is specifically aimed at identifying potential ESG risks but also at assessing where opportunities lie for improvement and long-term value creation.

Such research may include reviewing sustainability policies, existing and future reporting obligations, environmental and social permits, labor practices and a safe working environment, product liability, reputational risks, and vulnerabilities within the supply chain.

More information on this topic? Please contact Patrycja Chelmiak.

Our specialists advise companies and organizations on the design of their governance model, internal supervision, and participation by third parties such as clients, patients, employees, etc. Attention is paid to prioritizing ESG topics and sustainable development goals on the board agenda.

In their advice, our specialists consider best practices from the field and the guidelines of existing governance codes. Our specialists record agreements made in this context in regulations or agreements and work with chain partners to anchor the arrangements in articles of association.

We also advise organizations and companies on how to deal with different stakeholders, such as investors/shareholders, NGOs, local communities, government agencies, and employees, with regard to ESG issues. This advice includes, among other things, developing communication strategies, negotiating with stakeholders, and managing potential conflicts.

More information on this topic? Please contact Michelle Collins.

Due to the increasing importance of sustainability, the misuse of sustainability references is on the rise. Exaggerating those sustainability references can lead to greenwashing and, under certain circumstances, is an unlawful way of attracting customers or investors or burnishing reputation.

Not only regulators such as ACM and AFM are active in detecting and combating greenwashing; increasingly, alleged and/or exaggerated sustainability references are being litigated in civil practice.

The members of our ESG team advise organizations not only on their policy and reporting but also on lawful references to the policy, litigating over greenwashing, and protection of consumers and investors against unlawful conduct.

More information on this topic? Please contact Arnout Koeman.

Within administrative law, members of the ESG team advise on permits, enforcement, subsidies, incentives, and other government regulations in the area of environment and sustainability.

This advice may include identifying subsidy opportunities and permitting obligations, filing subsidy/permit applications, guiding subsidy/permit procedures, and taking or defending against enforcement actions.

In addition, the team advises local governments on securing their sustainability policy when granting permits and subsidies.

More information on this topic? Please contact Coline Norde.

The real estate market is highly regulated. Not only with regard to leasing, but also with regard to the sustainability of the built environment. Commercial real estate is subject to various energy requirements and sustainability objectives.

Our lawyers advise owners and users on the various obligations and their allocation. Enforcing rights and powers within the framework of the aforementioned obligations is not infrequently a source of unrest or even disputes in which our specialists play an important role.

Knowledge of certification is essential for sound advice—whether it concerns LEED, BREEAM or NABERS. As a member of the Dutch Green Building Council, our specialists know the various focus areas and specific criteria/requirements.

More information on this topic? Please contact Coen Verhaegh.

In labor law, there is already talk of ‘green employment conditions,’ whereby the employer tries, through employment conditions, to reduce not only their own emissions but also the emissions of their staff.

Within the ESG team, there is knowledge of how employment conditions, as well as all kinds of other contracts, can be ‘greened’ and where the limits of the possibilities lie.

Increasingly, in addition to a contractual relationship, joint policies to reduce the emissions of the parties involved and to achieve CO2 targets are laid down in binding agreements or far-reaching intentions.

More information on this topic? Please contact Michelle Collins.

Environmental: The environmental criteria determine the extent to which a company contributes to solving the environmental challenges we face, such as greenhouse gas emissions, water pollution and deforestation. The Paris Agreement, European objectives and an emissions-free economy are guiding principles.

Social: The social aspect concerns, among other things, how the company treats its employees, i.e., the management of human capital within the organization. Topics such as opportunities, equality (pay gap), diversity & inclusion, working conditions and a safe working environment are important elements.

Governance: From a governance perspective, the focus is on how a company is run financially and in terms of policy. Important elements in this regard are pay for top management, taxes and related policies, corruption prevention, bribery and fraud, and financial structure. There is also attention to the organization’s position within society and its involvement in politics and the community.