There has been a seismic shift in the way the corporate world views Environmental, Social and Governance (ESG) factors. ESG is no longer an incidental consideration when pursuing business and investment opportunities; today, it drives business strategy, performance and sustainable value creation.
Concerns about the environment and social justice are driving consumer behaviour, new laws and regulations and capital allocation decisions by investors. The physical impacts of climate change on business operations, including rising temperatures, wildfires and extreme weather, have increased operational risk and the transitional effects of laws and regulations seeking to reduce carbon emissions and lower environmental impacts are forcing businesses to re-examine their approach. At the same time, changing demographics, widespread use of technology and a renewed focus on health and safety are changing the corporation’s relationships with its employees, communities and consumers.
Increasingly, companies’ organizational, financial and human resources decision-making processes are being scrutinized through an ESG lens, with potentially grave business and reputational consequences if they are not in line with current expectations of corporate behaviour.
Investor interest in ESG factors has never been higher, and it continues to grow. Any past concern that it would be a breach of fiduciary duty for pension funds and other financial investors to include ESG considerations when making plan investments is long gone. It is now generally recognized that such matters can and should be factored into investment practices. Everyone from institutional to individual investors is analyzing companies’ commitments to ESG practices before deciding where to invest. For private equity firms, ESG has become a key factor in investment decision-making and risk mitigation, and part of a strategy for generating superior long-term returns.
Considering ESG factors is no longer a “nice to have”; it is a necessity.
Rapidly evolving change
An explosion of interest has generated a growing public clamour for new regulations, increased and rigorous disclosure, and new ways to raise and invest capital. From new laws on carbon emissions and emissions trading, to litigation on climate, environmental, social and health matters to green bonds and loans, the risks and opportunities are many and changing.
As changes accelerate, it’s critical when navigating the evolving ESG landscape to seek guidance from experts with a depth of knowledge and expertise and an understanding of legal trends to provide advice on what matters now, and an informed perspective on the changes to come.
Prioritizing ESG
Wide-ranging interest in ESG means there are many stakeholders to consider when making ESG a priority in decision-making, including shareholders, employees, suppliers, customers and the broader community. Therefore, it’s crucial to partner with advisors who can leverage wide-ranging expertise to address such diverse needs and interests effectively.
In this complex environment, a piecemeal approach simply will not suffice. Instead, you need an integrated group of specialized experts to assess your ESG-related risks and ensure your ESG and corporate sustainability mandate is robust.
At Osler, this is precisely our approach. Our Integrated ESG Legal Practice eschews the silos of separate practice areas; instead, professionals from across the firm come together as a group to offer clients strategic, consolidated and comprehensive advice.
Clients regularly turn to Osler’s Integrated ESG Legal Practice as their trusted legal advisor on all ESG-related issues. Our multidisciplinary team of experts can assess your current ESG reality and then provide insight and advice on addressing your organization’s environmental and social objectives and needs.
Key Contacts
Chair
Partner, Corporate, Toronto
Partner, Disputes, Toronto
Latest Insights
-
Report Dec 5, 2024
It’s debatable: unresolved corporate governance issues impacting 2025
Debates on current corporate governance topics will shape the practices of Canadian issuers into 2025.
Read more -
Report Dec 5, 2024
Navigating control transactions: clarifying acceptable conduct boundaries
Recent Canadian securities regulatory authority decisions that impact control transactions are reviewed.
Read more -
Report Dec 5, 2024
Businesses face increasing costs for supply chain compliance
Increasing government scrutiny of supply chain compliance is expected to lead to greater enforcement in the coming years.
Read more -
Report Dec 5, 2024
Highlights of the new Competition Act and pending changes for foreign investment
In Osler Legal Outlook, Michelle Lally, Shuli Rodal and Kaeleigh Kuzma explore what all these and other changes mean for businesses operating in...
Read more
Stay up to date with our latest insights
SubscribeIn the Media
-
Osler News Sep 26, 2024
Osler releases tenth annual Diversity Disclosure Report: progress in corporate Canada loses momentum
Analysis from Osler’s tenth annual 2024 Diversity Disclosure Practices: Diversity and leadership at Canadian public companies [PDF] report...
Read more -
Media Mentions Sep 26, 2024
Progress on improving board diversity in Canada is slowing – The Globe and Mail
Partner John Valley says progress on improving board diversity in Canada is slowing despite advancements made last year.
Read more -
Media Mentions Sep 18, 2024
Oil and Gas Law – Lawyered podcast episode 95
The federal government’s announcement of its intention to cap emissions in the oil and gas sector falls short of targeting all emitters, says...
Read more -
Osler News Aug 12, 2024
Kurtis Bond joins Osler’s National Tax Group as a partner
Osler is pleased to welcome Kurtis Bond to the firm’s National Tax group as a partner based in Calgary. Kurtis has 20 years of experience...
Read more