Sponsored briefing: Overview of ESG law in Switzerland

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Sponsored briefing: Overview of ESG law in Switzerland

What amendments or additions to Swiss ESG laws have been introduced in the past year, and how are these expected to influence businesses in the coming year?

In January 2022, the Swiss rules on due diligence and reporting regarding non-financial matters in the Swiss Code of Obligations (Swiss CO), which were adopted as a counterproposal to the ‘Responsible Business Initiative’ that was rejected by Swiss voters in November 2020, came into force (art. 964a ff. Swiss CO). These rules have started to apply as of the current financial year 2023 and the first reports according to the rules will have to be published next year (covering the financial year 2023). In a nutshell, large, listed companies and large companies supervised by the Swiss Financial Market Supervisory Authority (FINMA) will be required to publish a report on non-financial matters covering environmental matters, in particular CO2 goals, social issues, employee-related issues, respect for human rights and combating corruption. The companies in scope will have to let their shareholders vote on the report on non-financial matters at the general meeting. Additionally, certain Swiss companies will have to publish a report on due diligence regarding child labour and/or conflict minerals and metals. Continue reading “Sponsored briefing: Overview of ESG law in Switzerland”

Sponsored Q&A: Incorporating social value into projects – Lorraine Bellinger, head of legal project delivery at international law firm, Bird & Bird

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Sponsored Q&A: Incorporating social value into projects – Lorraine Bellinger, head of legal project delivery at international law firm, Bird & Bird

Bird & Bird is an international law firm with over 30 offices in Europe, North America, the Middle East, Asia-Pacific, and Africa working across multiple sectors and supporting organisations being changed by the digital world or those leading that change.

Lorraine Bellinger joined the firm in 2020 to build Bird & Bird’s legal project delivery function, drawing on her private practice and in-house experience. She started her law firm journey as a PA and made a career move into legal project management 15 years ago when her then employer identified a need for a different kind of business support. Continue reading “Sponsored Q&A: Incorporating social value into projects – Lorraine Bellinger, head of legal project delivery at international law firm, Bird & Bird”

The ESG Report: Overview – From buzzword to bona fide?

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The ESG Report: Overview – From buzzword to bona fide?

‘Greenwashing is a new phrase, but it’s quite an old idea. It’s fundamentally, are you doing what you say you’re doing? While it has a new title, the advice is still as it has always been. We say to clients, how are you backing up your claims? It’s that level of clarification that companies need to focus on.’

The words of Anna-Marie Slot, Ashurst’s global ESG and sustainability partner, apply not only to the dilemma faced by clients when tackling thorny issues around environmental, social and governance (ESG) but also to analysing the credentials of the top 25 Legal Business 100 and top 25 Global London firms advising them. Continue reading “The ESG Report: Overview – From buzzword to bona fide?”

The ESG Report: Governance – Words into deeds

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The ESG Report: Governance – Words into deeds

‘Governance was a concern long before people started talking about ESG. What we’ve learnt over time, though, is that governance is also about having a better business. There’s a carrot as well as a stick: an opportunity to gain financial advantage as well as to avoid regulatory issues.’ The words of DLA Piper boardroom counsel practice head, Alex Tamlyn, particularly ring true. While the environmental and diversity-related efforts of law firms have been the focus of interest in law firms from an ESG context of late, governance has fallen under the spotlight as the all-embracing part of the ESG triptych. How law firms govern themselves has become particularly important. Essentially, they cannot really deliver on ‘E’ and ‘S’ unless the governance is sound.

While the business vehicle for law firms may differ from corporates, the principles of good governance still apply. Jean-Pierre Douglas-Henry, partner and managing director for sustainability and resilience at DLA Piper says: ‘It’s fair to say that good law firm management has broadly the same objective as other forms of corporate governance. It’s all about leadership, transparency, accountability – and, really importantly for us as lawyers, it’s about integrity. It’s about fostering growth and creating a long-term business. And, from a client’s perspective, it’s about walking the talk.’ Continue reading “The ESG Report: Governance – Words into deeds”

The ESG Report: Litigation – Perpetual motion

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The ESG Report: Litigation – Perpetual motion

ESG litigation is now a buzzword in disputes. Legal Business turned to litigators and funders to examine the market – and what we can expect moving forwards

‘If we accept the wider definition that is so popular in everyday usage, you’d probably say that ESG litigation has exploded in the last three to five years and is not really showing any signs of stopping.’ Continue reading “The ESG Report: Litigation – Perpetual motion”