Environmental, Social, and Governance Considerations in M&A: Mitigating ESG Risks, Maximizing ESG Benefits
Due Diligence, Reps and Warranties, Preserving ESG Attributes Post-Closing
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will examine environmental, social, and governance (ESG) issues, which should be taken into account in M&A transactions, including areas of particular importance in ESG due diligence and the allocation of ESG risk in acquisition agreements. The panel will also discuss how best to integrate ESG policies and procedures post-closing.
Outline
- Rising significance of ESG in M&A: relationship to long-term valuation
- New regulatory risks associated ESG
- Due diligence
- Evaluation of ESG governance and management policies and practices
- The relevance of ESG factors to the target's industry and operations
- Identifying current ESG risks, including shareholder actions or third-party claims
- Reps and warranties and other contractual approaches to mitigating ESG risks, maximizing ESG benefits
- Assessing ESG "fit" between acquirer and target; post-closing integration and governance
Benefits
The panel will review these and other key issues:
- Why has ESG become more relevant in evaluating a prospective target for acquisition?
- What should be the primary areas of focus when conducting ESG due diligence?
- How should ESG be addressed in the acquisition contract or other documents?
- What are best practices for integrating the ESG standards and practices of two merging companies?
Faculty
Richard P. Massony, Jr.
Attorney
Hunton Andrews Kurth
As a member of the firm’s mergers and acquisitions team, Mr. Massony helps guide clients through difficult and... | Read More
As a member of the firm’s mergers and acquisitions team, Mr. Massony helps guide clients through difficult and complex negotiations over corporate transactions and commercial contracts. He has experience representing a wide variety of public and private companies in corporate matters, including domestic and international mergers, stock and asset acquisitions and dispositions, private equity investments, public and private offerings of debt and equity securities, corporate restructurings and corporate governance.
Close
Laura Mulry
Counsel
White & Case
Ms. Mulry focuses on environmental and sustainability matters. She advises a broad range of domestic and international... | Read More
Ms. Mulry focuses on environmental and sustainability matters. She advises a broad range of domestic and international clients, including public and private companies, developers, private equity firms, global organizations, and governments, on environmental matters in complex corporate transactions, environmental regulatory compliance, and climate change issues. Ms. Mulry’s practice involves advising companies on sustainability risks and opportunities, including with regard to board oversight, internal management policies, and external reporting. Prior to joining the firm, she practiced environmental transactional law at another major U.S. law firm in New York and served as a Postdoctoral Research Fellow at the Sabin Center for Climate Change Law at Columbia Law School.
Close
Andrew J. Sherman
Partner
Seyfarth Shaw
Mr. Sherman’s practice focuses on issues affecting business growth for companies at all stages, including... | Read More
Mr. Sherman’s practice focuses on issues affecting business growth for companies at all stages, including developing strategies to leverage IP and technology assets, as well as international corporate transactional and franchising matters. He also counsels clients on such issues as M&A, joint ventures, strategic alliances, capital formation, and distribution channels. He is the author of numerous books and articles on these and related topics.
Close