Representative Matters
- Providing ongoing strategic counseling to a global Fortune 50 technology company recognized as an industry leader on sustainability. Our support covers corporate sustainability goal-setting, annual reporting on progress toward goals including through the company’s sustainability report, developing internal processes and structures to support a consistent approach to data collection and external communications, as well as legal reviews of sustainability ratings and rankings submissions and corporate filings.
- Counseling a global Fortune 500 power generation and technology company on environmental content in its mandatory and voluntary disclosures. This includes review of SEC annual filings, Climate Disclosure Project reports, and green marketing materials to ensure compliance with applicable federal requirements. B&D provides similar services for reporting obligations related to human rights, chemical use, and sustainability.
- Counseling a Fortune 50 telecommunications company on its annual submissions to sustainability ratings and rankings organizations, including the Carbon Disclosure Project and the Dow Jones Sustainability Index. More recently, we assisted the company in the development and announcement of its long-term sustainability vision and ambitious climate, product design, and waste-related goals.
- Serving as outside counsel for a new global multi-stakeholder sustainability platform that will set global standards for a chain of custody and sustainable production guidance for a commodity product. This included drafting the corporate charter, establishing membership and voting rules to govern platform operations, and coordinating antitrust and foreign local law reviews to establish the new entity.
- Counseling and training national utilities and municipalities on incorporating environmental justice principles into project development, including development of company-wide environmental justice policies and initiatives, Title VI of the Civil Rights Act investigations counseling, reputational risk mitigation, and best practices for external community engagement.
- Helping develop and review several SEC disclosures for energy and utility companies related to material risks arising from environmental liabilities arising under the Comprehensive Environmental Response, Compensation, and Liability Act, as well as risks presented by climate change.
- Assisting electronics and pharmaceuticals companies with developing product take-back programs and managing end-of-life products, including environmentally responsible recycling.
- Assisting a client with negotiating contracts with an environmental non-profit organization to restore ecosystem services in connection with water used by data centers.
- Advising a large retailer on responsible sourcing, forced labor, and human rights issues in the global supply chain, including emerging concerns about the treatment of ethnic minorities, Customs and Border Protection enforcement activities under the forced labor import provision of the Tariff Act, and similar U.S. government initiatives.
- Advising several large clients on alignment with the Federal Trade Commission’s Green Guides and compliance with state consumer protection laws with respect to ESG reporting (and related public statements, such as press releases) regarding GHG reduction objectives, “net zero” targets, and renewable energy use or targets.
- Advising a Fortune 50 technology company on revisions to its corporate Human Rights Policy, taking into account feedback from civil society organizations and key internal stakeholders, which has been recognized as an industry-leading approach.
- Preparing a compilation of human rights and modern slavery legal initiatives—including scoping provisions, key requirements, and enforcement authorities—for a large industry association.
- Advising a multinational manufacturing company on forced labor issues including assisting with global reporting obligations relating to human rights and benchmarking and designing a grievance mechanism.
- Preparing a briefing paper for a client’s legal team in support of the company’s 2030 goal of net zero GHG emissions, assisted with a communications strategy around this goal, and prepared guidance for the marketing teams on the guardrails for claims and statements about progress toward the goal. This included advising the company on the balance between GHG reductions through operational change vs. offsetting in meeting this goal.
- Advising a client on the announcement and concept paper for the company’s new Scope 3 GHG reporting and emissions reduction goals, including whether to formally commit to working with the Science Based Targets Initiative to approve the reduction goals are in line with climate science.
- Developing the climate change components of an ESG program for a major U.S. corporation including an assessment of Scope 1, 2, and 3 emissions; strategic planning on emissions reduction targets; goal-setting; and putting the plan into action.
- Assisting an electrical and electronic equipment manufacturer with the preparation of the company’s first comprehensive Task Force on Climate-related Financial Disclosures-aligned report.
- Developing comprehensive and detailed climate change policy white papers for companies and industry associations on how to address emerging climate regulatory regimes, position themselves competitively, and evaluate both internal and external positions on a range of climate change issues and policies. These exercises also entail “state of play” analysis of private governance efforts within the U.S. and relevant considerations for reducing emissions, sourcing or developing carbon offsets, and communicating those actions to the public in compliance with applicable laws.
- Advising clients on the development of novel carbon offset or “insetting” programs aimed at reducing GHG emissions in products, supply chains, or through external actions.
