Baker Botts’ multi-disciplinary Environmental, Social and Governance (ESG) lawyers advise clients across a number of industries and technologies to help them capitalize on the opportunities and mitigate the risks presented by ESG issues, including in the critical areas of corporate citizenship, social responsibility, sustainability and climate change.

Who We Are

Drawing upon our more than 175 years of experience in the Energy and Technology Sectors, our practitioners are particularly suited to address the intersection of Energy, Technology and Environmental, Social and Governance. For two decades, our Teams have provided actionable advice for clients to align their business strategies with the ESG demands of the market, and the ESG goals that directors, shareholders, financers, investors, regulators, employees and other stakeholders prioritize.

We have the right resources for the job. Our multi-faceted approach to our Environmental, Social and Governance Practice deploys lawyers – across our global footprint – with the relevant subject matter and industry experience to efficiently and effectively promote client goals. We understand that ESG matters require interdisciplinary understanding. Our dedicated Team built on our renowned Environmental, Corporate, Projects and Securities Litigation Practices, handles ESG and CSR related issues for clients across industry verticals, having particular experience with the challenges facing the Energy, Manufacturing, and Chemicals Sectors. Our Teams are forward-looking in approach, assisting our clients to adapt to the changing ESG environment and to find new opportunities within it, while managing the risks and compliance requirements that arise from it.

We understand sustainability. Lawyers from our Environmental, Energy Regulatory, Corporate, Tax, Projects, Intellectual Property and Litigation Teams work collaboratively to advance our clients’ sustainability initiatives and objectives. We have helped clients address the myriad of legal challenges associated with environmental issues such as Emissions, Climate Change, Carbon Capture Utilization and Storage (CCUS), Waste, and Water, including regulatory and permitting requirements, allocation of liability, and property rights. We are also helping clients make new investments into technology, assets and projects that are a core part of our clients’ sustainability strategies.

We know these matters are personal. The best Environmental, Social and Governance solutions are not one-size-fits-all. Our deep industry experience and market intelligence position us to advise our clients and communicate with stakeholders on purpose-built ESG solutions. They’re personal to us, too, as we are committed to Pro Bono, Diversity, and Corporate Social Responsibility.

What We Do

Representative Experience

Disclosure and Industry Guidelines

• Provide sustainability reporting frameworks, analysis, strategy, and recommendations
• Advise on and help manage lifecycle carbon reporting mechanisms and changes in law and regulations
• Integrate consistent ESG disclosures into securities filings
• ESG disclosure due diligence
• Provide advice on evolving industry guidelines and regulations
• Develop internal sustainability reporting and implementation, including training and coaching corporate sustainability and reporting teams
• Analyze ESG and sustainability related policy initiatives
• Prepare and analyze climate related disclosures and scenario analyses

Environmental, Social and Governance Strategy Development and Implementation

• Prepare and Operationalize a customized ESG strategy
• Form ESG task force of qualified personnel and advisors
• Conduct Materiality Assessments to assist in prioritizing ESG issues
• Identify corporate, operational and project-level opportunities for business goals
• Perform competitive benchmarking
• Investor analytics
• Analyze ESG trends
• Prepare materials for ESG rating agencies and Investors
• Deliver strategy for ESG-focused employee benefits programs

M&A, Financing and Projects

• Conduct whiteboard analysis to identify potential acquisition targets that match ESG strategy
• Perform transactional due diligence to identify ESG risks and opportunities in acquisitions, divestitures, projects, ventures and financings
• Develop mitigation strategies to limit, isolate and eliminate ESG risks in M&A
• Structure deals to address ESG risk assessment and allocation, carve-outs, indemnification, and insurance issues
• Tax analysis to maximize potential credits, rebates, and other incentives and opportunities and avoid disqualification and loss
• Regulatory engagement, arbitration and litigation of ESG related matters
• ESG-focused financial designations
• Implement sustainable investing strategies
• Coordinate effective corporate restructurings and capital reorganization