Sustainability Thought Leadership
December 6, 2023
Clients rely on Cleary Gottlieb’s leading sustainability practice for innovative insights on environmental, social, and governance (ESG) issues that cut across multiple practice areas.
The Alert Memos, blogs posts, and other thought leadership from our sustainability-focused lawyers are second to none, and provide valuable, actionable information for companies, financial institutions, and investors around the world. Read highlights of our work below:
Notable Experience
Sustainable Competition Law
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July 10, 2023: Managing U.S. Enforcement and Civil Risks Relating to ESG Issues: Greenwashing
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June 30, 2023: Sweeping Changes to Premerger (HSR) Process in the United States Proposed by Enforcement Agencies
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June 6, 2023: EU Adopts Antitrust Guidelines for Sustainability Agreements
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March 17, 2023: CMA Consults on Environmental Sustainability Agreement Guidelines
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June 24, 2022: Sustainability and Competition in the Financial Sector: Assessment of Withdrawal and Carbon Pricing Agreements
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March 23, 2022: New EU Guidelines for Horizontal Agreements: A Changing Climate for Sustainability Cooperation?
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March 22, 2022: Competition Overdose, ‘Noble Co-opetition’, and The Climate Change Example
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January 4, 2022: New State Aid Rules for Green Projects: The EU’s Road to Climate Neutrality
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September 9, 2021: Sustainability Agreements and Antitrust – Three Criteria to Distinguish Beneficial Cooperation From Greenwashing
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March 26, 2021: Sustainable Competition Policy and the ‘Polluter Pays’ Principle
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December 1, 2020: OECD Hearing on Sustainability and Competition
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October 19, 2020: EU Commission Call for Contributions on “Competition Policy Supporting the Green Deal”
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July 15, 2020: Navigating COVID-19: Supply Chain Considerations
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July 9, 2020: A Sustainable Recovery for Europe: The EU’s Green Deal
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May 28, 2020: Sustainable Competition Policy (Concorrenze Webinar)
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March 22, 2020: Sustainable Competition Policy
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December 9, 2019: Sustainable Competition Policy (TED@Chillin’ Competition Conference)
Sustainable Finance Regulation
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December 6, 2023: CFTC Proposes Voluntary Carbon Credit Derivatives Guidance
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July 20, 2023: IFRS Releases New Global Sustainability Disclosure Standards
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June 27, 2023: Climate and the Financial Sector Weekly Newsletter
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April 4, 2023: First Steps Towards UK Regulation of ESG Ratings Providers: HM Treasury Consults
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February 24, 2023: GCC Launches Unified Sustainability Disclosure Metrics
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February 16, 2023: The EU Corporate Sustainability Reporting Directive
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January 27, 2023: An Innovative Sustainable Finance Regulatory Framework Takes Shape in the Abu Dhabi Global Market
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May 20, 2022: The SEC Climate Disclosure Proposal – Top Ten Issues for Comment
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April 6, 2022: Climate Change Disclosures – Three Deep Dives into the SEC Proposal
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March 24, 2022: The EU’s New Corporate Sustainability Due Diligence Directive
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January 18, 2022: A Global Overview of Sustainability Disclosure Rules for the Asset Management Industry
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January 11, 2022: The Materiality Debate and ESG Disclosure: Investors May Have the Last Word
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October 12, 2021: The (r)evolution In ESG-Linked Financing
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April 28, 2021: Sustainability-Linked Bonds: The Next Frontier in Sovereign Financing
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September 30, 2021: Latin America’s Sovereign Debt Markets Embrace Green, Social and Sustainability Investments
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June 23, 2021: Overview of Climate Risks and the Financial Sector
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May 27, 2021: ESG Liability: Risks Increasing for Multinational Companies
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May 21, 2021: The Corporate Sustainability Reporting Directive: From ‘Non-Financial’ to ‘Sustainability’ Reporting
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January 5, 2021: 2021 Brings Significant New ESG Disclosure Obligations for Financial Services Firms
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December 3, 2020: European Commission Consults on Sustainable Corporate Governance
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November 16, 2020: A Framework Taxonomy for Sustainable Finance
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October 22, 2020: A Global Overview of ESG Regulatory Developments
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September 11, 2020: Human Rights Supply Chain Due Diligence: New Legislation on the Horizon for the EU and UK
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April 14, 2020: Social Bonds in Response to the COVID-19 Crisis: A Guide for Issuers
Sustainability and Dispute Resolution
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September 25, 2023: The Lithium Triangle: Challenges and Opportunities for Latin America
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September 6, 2023: ClientEarth Ordered to Pay Shell’s Costs After Dismissal of Derivative Claim Against Shell’s Board of Directors
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July 31, 2023: High Court Reaffirms Decision to Refuse Permission for Derivative Claim Against Shell’s Board of Directors
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June 1, 2023: UK Supreme Court Clarifies the Bounds of Continuing Nuisance in Oil Spill Case
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May 31, 2023: Derivative Claim Against Shell’s Board by Climate-Change Activist Shareholder is Refused Permission to Proceed
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February 22, 2023: Action Filed in UK Against Shell’s Board Members Regarding Management of Climate Risk
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September 14, 2022: Potential Litigation Risks Associated with the SEC’s Proposed Rule on Climate-Related Disclosures
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August 26, 2022: Eco Oro v Colombia: The Brave New World of Environmental Exceptions
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August 8, 2022: OECD National Contact Point Specific Instances: When ‘Soft Law’ Bites?
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January 13, 2022: Climate Change Litigation: Corporates at Risk
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January 11, 2022: Priorities, Trends and Developments in Enforcement and Compliance
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July 16, 2021: Climate Claims Against Governments in Europe
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September 27, 2021: The CJEU Finds Investor-State Arbitration Clause in the Energy Charter Treaty Inapplicable to Intra-EU Disputes
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July 16, 2021: Climate Change Litigation in Europe: Increasing Judicial Scrutiny Over State Climate Policies
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June 30, 2021: Dutch Court Orders Shell to Reduce Emissions in First Climate Change Ruling Against Company
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May 27, 2021: ESG Liability: Risks Increasing for Multinational Companies
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January 12, 2021: Recent Developments in Business and Human Rights Frameworks in Europe
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January 21, 2021: Investment Arbitration and the Climate Emergency, GAR Interactive: BITs 2021
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January 29, 2020: The Launch of the Hague Rules on Business and Human Rights Arbitration
Environmental, Social, and Governance (ESG)
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July 7, 2023: Managing U.S. Enforcement and Civil Risks Relating to ESG Issues: Greenwashing
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June 28, 2023: European Commission Publishes Proposal on Regulating ESG Rating Providers
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June 22, 2023: OECD Publishes Update to Its Guidelines for Multinational Enterprises
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April 17, 2023: ESG Litigation: Derivative Claims Against Directors: Q&A
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January 17, 2023: Selected Issues for Boards of Directors in 2023
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December 15, 2022: Impact Investing: Expanding the Focus from Climate to Nature
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December 7, 2022: New DOL Guidance on ESG and Proxy Voting
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December 2, 2022: Bringing Nature Into Sovereign Debt
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November 30, 2022: EU Proposes Fast-Track Permit-Granting Process for Renewable Energy Projects
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November 3, 2022: New Italian Incentives for Biomethane
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October 19, 2022: Balancing ESG
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October 16, 2022: Risks and Opportunities in Voluntary Carbon Markets
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April 11, 2022 - Beyond Just “Green”: The EU Taxonomy as a Traffic Light – From Red, to Amber, to Sustainable
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March 15, 2022: A Social Taxonomy for Europe: Extending the EU ESG Framework to Socially Sustainable Activities and Companies’ Corporate Governance
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March 3, 2022: SFDR and Investor Demand Put ESG in Focus
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February 9, 2022: European Taxonomy: A “Green” Future for Nuclear, Gas and Bioenergy?
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January 13, 2022: Germany Strengthens Corporate Social Responsibility in Supply Chains
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January 11, 2022: Sustainability Policy Remains Center Stage in Europe
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August 16, 2021: The European Commission’s “Fit for 55” Legislative Package to Meet 2030 Emissions Target
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April 27, 2021: Provisional Agreement On European Climate Law
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January 11, 2022: Selected Issues for Boards of Directors in 2022
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January 11, 2022: Diversity Issues Remain at Center Stage, and the Show Is Just Getting Started
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January 11, 2022: Navigating a World Where Almost Everyone Is an Activist
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December 1, 2021: How Will Climate Change Affect Emerging Markets?
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November 16, 2021: ESG Guide: Overview of the ESG Regulatory Landscape
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January 11, 2021: Selected Issues for Boards of Directors in 2021
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January 11, 2022: Key Practices for Board Organization and Oversight of ESG
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January 11, 2022: 2022 Shareholder Engagement Trends and Considerations: ESG and Investor Outreach
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January 4, 2022: UK’s FCA Extends Climate-related Disclosures to Standard Listed Issuers, Including GDR Issuers
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November 16, 2021: UK Introduces Mandatory Climate-Related Financial Reporting for Large Public and Private Companies
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October 28, 2021: Private Equity Must Prepare for Higher Sustainability Standards
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August 16, 2021: The European Commission’s ‘Fit for 55’ Legislative Package to Meet 2030 Emissions Target
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October 12, 2021: ESG and the Leveraged Loan Market
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May 27, 2021: ESG Liability: Risks Increasing for Multinational Companies
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January 12, 2021: Recent Developments in Business and Human Rights Frameworks in Europe
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January 11, 2021: Increased ESG Focus Shows No Signs of Slowing Down in 2021
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January 11, 2021: ESG Considerations for Incentive Compensation Programs
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January 11, 2021: Shareholder Engagement Trends and Considerations
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January 11, 2021: Corporate Sustainability: Moving Faster and Faster to the Center of Strategy and Shareholder Value
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December 3, 2020: European Commission Consults on Sustainable Corporate Governance
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November 9, 2020: What to Expect From the Biden Administration
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October 22, 2020: A Global Overview of ESG Regulatory Developments
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October 7, 2020: Incorporating ESG Considerations Into Private Equity
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September 11, 2020: Human Rights Supply Chain Due Diligence: New Legislation on the Horizon for the EU and UK
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July 15, 2020: Navigating COVID-19: Supply Chain Considerations
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January 31, 2020: SEC Maintains the Status Quo on Climate Change Disclosures
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January 29, 2020: The Launch of the Hague Rules on Business and Human Rights Arbitration
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January 10, 2020: Corporate Purpose, Human Capital, and Compensation Considerations
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January 10, 2020: Shareholder Engagement Trends and Considerations
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January 10, 2020: Navigating the ESG Landscape
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July 22, 2019: Human Capital Management: Issues, Developments, and Principles
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January 16, 2019: Human Capital Management Moves to the Front Lines