ESG has become a point of emphasis for regulators, as companies across the globe are increasingly expected to assess and disclose risks related to issues such as climate, natural capital, human capital, diversity and inclusion, and effective corporate governance. We maintain a dedicated team of attorneys across multiple offices and practice groups to ensure that our clients are kept up-to-date on the latest ESG regulatory issues.

In particular, our comprehensive practice in the ESG regulatory space includes advice on:

  • Sustainability regulatory frameworks, including with respect to emerging ESG disclosure rules and standards, ESG due diligence, carbon emissions/trading, and sustainable procurement;
  • The role of ESG in regulatory filings and company oversight;
  • Sustainable antitrust and competition law, including work with global regulators on innovative and forward-looking antitrust matters; and
  • Tax strategy, including carbon tax matters

In addition, we have substantial experience dealing with government staff, and multiple current Cleary partners or senior counsel have served in senior government roles, including at the SEC, DOJ, FTC, Federal Reserve, and FDIC. Our alumni network comprises many key current senior government roles.

Notable Experience

Selected Highlights

  • An American multinational oil and gas corporation on antitrust issues related to emissions and other sustainability efforts.

  • ArcelorMittal on the development and use of decarbonisation certificates and its communications with competing steel manufacturers, with a view to antitrust and consumer protection (anti-greenwashing) rules.

  • Climeworks in competition law compliance in relation to the operation of world’s first large-scale CO2 removal plant and agreements for the provision of CO2 removal through direct air capture and storage.

  • Coca-Cola regarding agreements for recycling of plastic bottles and FCA investigation of the manufacture and sale of food products in certain food containers.

  • COMIECO before the Italian Antitrust Authority in an investigation regarding the recycling of waste and paper.

  • Dow AgroSciences on the antitrust aspects of its minority acquisition of stake in Barenbrug Holding B.V, a leader in sustainable use and management of grass.

  • ExxonMobil in the legality of emissions-reduction agreements in the oil and gas industry under antitrust rules in the U.S. and Europe, and on assessment of minority cross-shareholdings.

  • A global spirits company on antitrust issues related to global ESG efforts.

  • A global telecommunications company on the implication of U.S. and EU antitrust regulation on sustainability initiatives, including reaching net-zero carbon emissions.

  • The Value Reporting Foundation in advice on sustainability standard-setting for financial investments.

  • Veolia on State aid procedures for French aid to renewable energy.

  • The Volvo Group before the European Commission in the creation of a joint venture with Daimler Truck AG in the hydrogen fuel-cell sector.

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