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
July 10, 2023: Managing U.S. Enforcement and Civil Risks Relating to ESG Issues: Greenwashing
June 30, 2023: Sweeping Changes to Premerger (HSR) Process in the United States Proposed by Enforcement Agencies
June 6, 2023: EU Adopts Antitrust Guidelines for Sustainability Agreements
March 17, 2023: CMA Consults on Environmental Sustainability Agreement Guidelines
June 24, 2022: Sustainability and Competition in the Financial Sector: Assessment of Withdrawal and Carbon Pricing Agreements
March 23, 2022: New EU Guidelines for Horizontal Agreements: A Changing Climate for Sustainability Cooperation?
March 22, 2022: Competition Overdose, ‘Noble Co-opetition’, and The Climate Change Example
January 4, 2022: New State Aid Rules for Green Projects: The EU’s Road to Climate Neutrality
September 9, 2021: Sustainability Agreements and Antitrust – Three Criteria to Distinguish Beneficial Cooperation From Greenwashing
March 26, 2021: Sustainable Competition Policy and the ‘Polluter Pays’ Principle
December 1, 2020: OECD Hearing on Sustainability and Competition
October 19, 2020: EU Commission Call for Contributions on “Competition Policy Supporting the Green Deal”
July 15, 2020: Navigating COVID-19: Supply Chain Considerations
July 9, 2020: A Sustainable Recovery for Europe: The EU’s Green Deal
May 28, 2020: Sustainable Competition Policy (Concorrenze Webinar)
March 22, 2020: Sustainable Competition Policy
December 9, 2019: Sustainable Competition Policy (TED@Chillin’ Competition Conference)
Sustainable Finance Regulation
December 6, 2023: CFTC Proposes Voluntary Carbon Credit Derivatives Guidance
July 20, 2023: IFRS Releases New Global Sustainability Disclosure Standards
June 27, 2023: Climate and the Financial Sector Weekly Newsletter
April 4, 2023: First Steps Towards UK Regulation of ESG Ratings Providers: HM Treasury Consults
February 24, 2023: GCC Launches Unified Sustainability Disclosure Metrics
February 16, 2023: The EU Corporate Sustainability Reporting Directive
January 27, 2023: An Innovative Sustainable Finance Regulatory Framework Takes Shape in the Abu Dhabi Global Market
May 20, 2022: The SEC Climate Disclosure Proposal – Top Ten Issues for Comment
April 6, 2022: Climate Change Disclosures – Three Deep Dives into the SEC Proposal
March 24, 2022: The EU’s New Corporate Sustainability Due Diligence Directive
January 18, 2022: A Global Overview of Sustainability Disclosure Rules for the Asset Management Industry
January 11, 2022: The Materiality Debate and ESG Disclosure: Investors May Have the Last Word
October 12, 2021: The (r)evolution In ESG-Linked Financing
April 28, 2021: Sustainability-Linked Bonds: The Next Frontier in Sovereign Financing
September 30, 2021: Latin America’s Sovereign Debt Markets Embrace Green, Social and Sustainability Investments
June 23, 2021: Overview of Climate Risks and the Financial Sector
May 27, 2021: ESG Liability: Risks Increasing for Multinational Companies
May 21, 2021: The Corporate Sustainability Reporting Directive: From ‘Non-Financial’ to ‘Sustainability’ Reporting
January 5, 2021: 2021 Brings Significant New ESG Disclosure Obligations for Financial Services Firms
December 3, 2020: European Commission Consults on Sustainable Corporate Governance
November 16, 2020: A Framework Taxonomy for Sustainable Finance
October 22, 2020: A Global Overview of ESG Regulatory Developments
September 11, 2020: Human Rights Supply Chain Due Diligence: New Legislation on the Horizon for the EU and UK
April 14, 2020: Social Bonds in Response to the COVID-19 Crisis: A Guide for Issuers
Sustainability and Dispute Resolution
September 25, 2023: The Lithium Triangle: Challenges and Opportunities for Latin America
September 6, 2023: ClientEarth Ordered to Pay Shell’s Costs After Dismissal of Derivative Claim Against Shell’s Board of Directors
July 31, 2023: High Court Reaffirms Decision to Refuse Permission for Derivative Claim Against Shell’s Board of Directors
June 1, 2023: UK Supreme Court Clarifies the Bounds of Continuing Nuisance in Oil Spill Case
May 31, 2023: Derivative Claim Against Shell's Board by Climate-Change Activist Shareholder is Refused Permission to Proceed
February 22, 2023: Action Filed in UK Against Shell’s Board Members Regarding Management of Climate Risk
September 14, 2022: Potential Litigation Risks Associated with the SEC’s Proposed Rule on Climate-Related Disclosures
August 26, 2022: Eco Oro v Colombia: The Brave New World of Environmental Exceptions
August 8, 2022: OECD National Contact Point Specific Instances: When ‘Soft Law’ Bites?
January 13, 2022: Climate Change Litigation: Corporates at Risk
January 11, 2022: Priorities, Trends and Developments in Enforcement and Compliance
July 16, 2021: Climate Claims Against Governments in Europe
September 27, 2021: The CJEU Finds Investor-State Arbitration Clause in the Energy Charter Treaty Inapplicable to Intra-EU Disputes
July 16, 2021: Climate Change Litigation in Europe: Increasing Judicial Scrutiny Over State Climate Policies
June 30, 2021: Dutch Court Orders Shell to Reduce Emissions in First Climate Change Ruling Against Company
May 27, 2021: ESG Liability: Risks Increasing for Multinational Companies
January 12, 2021: Recent Developments in Business and Human Rights Frameworks in Europe
January 21, 2021: Investment Arbitration and the Climate Emergency, GAR Interactive: BITs 2021
January 29, 2020: The Launch of the Hague Rules on Business and Human Rights Arbitration
Environmental, Social, and Governance (ESG)
July 7, 2023: Managing U.S. Enforcement and Civil Risks Relating to ESG Issues: Greenwashing
June 28, 2023: European Commission Publishes Proposal on Regulating ESG Rating Providers
June 22, 2023: OECD Publishes Update to Its Guidelines for Multinational Enterprises
April 17, 2023: ESG Litigation: Derivative Claims Against Directors: Q&A
January 17, 2023: Selected Issues for Boards of Directors in 2023
December 15, 2022: Impact Investing: Expanding the Focus from Climate to Nature
December 7, 2022: New DOL Guidance on ESG and Proxy Voting
December 2, 2022: Bringing Nature Into Sovereign Debt
November 30, 2022: EU Proposes Fast-Track Permit-Granting Process for Renewable Energy Projects
November 3, 2022: New Italian Incentives for Biomethane
October 19, 2022: Balancing ESG
October 16, 2022: Risks and Opportunities in Voluntary Carbon Markets
April 11, 2022 - Beyond Just “Green”: The EU Taxonomy as a Traffic Light – From Red, to Amber, to Sustainable
March 15, 2022: A Social Taxonomy for Europe: Extending the EU ESG Framework to Socially Sustainable Activities and Companies’ Corporate Governance
March 3, 2022: SFDR and Investor Demand Put ESG in Focus
February 9, 2022: European Taxonomy: A “Green” Future for Nuclear, Gas and Bioenergy?
January 13, 2022: Germany Strengthens Corporate Social Responsibility in Supply Chains
January 11, 2022: Sustainability Policy Remains Center Stage in Europe
August 16, 2021: The European Commission’s “Fit for 55” Legislative Package to Meet 2030 Emissions Target
April 27, 2021: Provisional Agreement On European Climate Law
January 11, 2022: Selected Issues for Boards of Directors in 2022
January 11, 2022: Diversity Issues Remain at Center Stage, and the Show Is Just Getting Started
January 11, 2022: Navigating a World Where Almost Everyone Is an Activist
December 1, 2021: How Will Climate Change Affect Emerging Markets?
November 16, 2021: ESG Guide: Overview of the ESG Regulatory Landscape
January 11, 2021: Selected Issues for Boards of Directors in 2021
January 11, 2022: Key Practices for Board Organization and Oversight of ESG
January 11, 2022: 2022 Shareholder Engagement Trends and Considerations: ESG and Investor Outreach
January 4, 2022: UK’s FCA Extends Climate-related Disclosures to Standard Listed Issuers, Including GDR Issuers
November 16, 2021: UK Introduces Mandatory Climate-Related Financial Reporting for Large Public and Private Companies
October 28, 2021: Private Equity Must Prepare for Higher Sustainability Standards
August 16, 2021: The European Commission’s ‘Fit for 55’ Legislative Package to Meet 2030 Emissions Target
October 12, 2021: ESG and the Leveraged Loan Market
May 27, 2021: ESG Liability: Risks Increasing for Multinational Companies
January 12, 2021: Recent Developments in Business and Human Rights Frameworks in Europe
January 11, 2021: Increased ESG Focus Shows No Signs of Slowing Down in 2021
January 11, 2021: ESG Considerations for Incentive Compensation Programs
January 11, 2021: Shareholder Engagement Trends and Considerations
January 11, 2021: Corporate Sustainability: Moving Faster and Faster to the Center of Strategy and Shareholder Value
December 3, 2020: European Commission Consults on Sustainable Corporate Governance
November 9, 2020: What to Expect From the Biden Administration
October 22, 2020: A Global Overview of ESG Regulatory Developments
October 7, 2020: Incorporating ESG Considerations Into Private Equity
September 11, 2020: Human Rights Supply Chain Due Diligence: New Legislation on the Horizon for the EU and UK
July 15, 2020: Navigating COVID-19: Supply Chain Considerations
January 31, 2020: SEC Maintains the Status Quo on Climate Change Disclosures
January 29, 2020: The Launch of the Hague Rules on Business and Human Rights Arbitration
January 10, 2020: Corporate Purpose, Human Capital, and Compensation Considerations
January 10, 2020: Shareholder Engagement Trends and Considerations
January 10, 2020: Navigating the ESG Landscape
July 22, 2019: Human Capital Management: Issues, Developments, and Principles
January 16, 2019: Human Capital Management Moves to the Front Lines