Environmental, Social, Governance

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:

• 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

Brian D. Israel is a Partner in Arnold & Porter's Los Angeles and Washington, DC, offices. He is Chair of the firm's Environmental Practice Group, as well as co-lead of the firm's Environmental, Social and Corporate Governance (ESG) working group. Mr. Israel's practice focuses broadly on environmental litigation and counseling--including climate-related issues--and he is one of the nation's leading lawyers for Natural Resource Damages claims. Mr. Israel represents multiple Fortune 500 companies in some of the largest and most complex environmental matters across the country. Mr. Israel has been regularly recognized for his thought leadership and environmental expertise by multiple organizations, including Chambers USA (2013-2023), Legal 500, Best Lawyers, Who's Who Legal, Lawdragon, and the National Law Journal (awarded the Energy & Environmental Trailblazer award in 2017).

Prior to joining the firm, Mr. Israel was an Honors Trial Attorney in the Environmental Enforcement Section of the U.S. Department of Justice, where he earned the Distinguished Service Award. Mr. Israel received his BA in Environmental Philosophy from New College, University of South Florida, in 1991, and received his JD from New York University (NYU) in 1995, where he graduated cum laude. Mr. Israel has also received a certificate in Sustainable Capitalism and ESG from the University of California, Berkeley, School of Law. Mr. Israel has spoken and written extensively about environmental law, regulatory reform, energy transition, and ESG issues. He is a principal author of Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases (ABA, 2019). Mr. Israel's student note "An Environmental Justice Critique of Risk Assessment" is published in the NYU Environmental Law Journal.

Ellen Kaye Fleishhacker, a Partner in Arnold & Porter's San Francisco office, co-leads the firm's Investment Management practice group and the firm's ESG working group. She is also the Co-Managing Partner of the firm. Ms. Fleishhacker's practice focuses on investment management-related matters, including formation, compliance, and transactional matters of private funds, with a special focus on real estate and ESG/impact investment funds. She also represents wealth advisory firms, family offices, and financial institutions on legal, compliance, ESG, and transactional matters associated with their investment management and related operations. In addition, Ms. Fleishhacker works with investors on structuring and negotiating potential investments in private funds, including ESG/impact funds, and other investment vehicles. For over 10 years, she has had a special interest in, and has written and spoken on, legal topics related to impact investing/ESG funds. She received her JD and MBA at the University of California, Berkeley.

Teresa L. Johnson is a Partner in Arnold & Porter's San Francisco office and Co-Chair of the firm's Capital Markets practice. Ms. Johnson serves as a trusted advisor to the C suite and board members, working closely with boards of directors in the boardroom and in committee meetings. In her corporate governance work and thought leadership, Ms. Johnson has focused in particular on board diversity, stakeholder capitalism, and other ESG matters. She is one of the founders of the firm's ESG practice. Ms. Johnson advises clients on securities transactions, compliance, and reporting matters. A "notable practitioner" (Chambers USA: California 2021), Ms. Johnson has been recognized by the Daily Journal as one of the top 25 corporate transaction attorneys on the publication's annual list of the "Top 100 Women Lawyers." Ms. Johnson is the 2024 President of the Bar Association of San Francisco and is one of the leaders of the Legal Alliance for Reproductive Rights, a coalition among BASF, the San Francisco City Attorney, and a large cohort of law firms (including Arnold & Porter), which coordinates providing pro bono legal assistance in connection with the exercise of reproductive rights following the Dobbs decision.