• Today’s businesses operate in an ever-more-competitive environment compounded by the need for forward-thinking strategies to meet consumer, employee, regulator, investor and key stakeholder ESG demands.

    Kramer Levin’s ESG team advises public companies, boards of directors, private equity sponsors and other asset managers and their portfolio companies, investors, and others, helping them navigate the ESG business, legal, regulatory and political challenges they face. Our multidisciplinary group guides clients in leveraging opportunities and devising proactive ESG solutions across their enterprises, throughout their value chain and in their business dealings. 

    We offer clients insightful, innovative solutions, helping them maximize social impact, meet ethics standards, ensure compliance, optimize their return on investment, and respond to investor expectations — all while reducing their reputational risk and litigation exposure

    Our experience includes:

    Corporate

    • Corporate governance and compliance
    • Shareholder activism and engagement
    • Considerations in M&A and other business transactions
    • ESG policies and procedures
    • Corporate strategic risk assessments, integrity and compliance
    • ESG audits, compliance, reporting and disclosures
    • Social awareness initiatives and corporate social responsibility
    • Public company management and reporting

    Litigation, ADR, and Regulatory Audits, Investigations and Enforcement Actions

    • Defense in DOJ, SEC, EPA and other federal and state regulatory investigations and actions relating to ESG claims and disclosures
    • Securities and shareholder litigation, including class action and activism defense
    • Government and internal investigations
    • Anti-corruption and supply chain investigations, including FCPA, AML, OFAC and sanctions compliance
    • FTC “green guides” compliance and advertising litigation
    • Crisis management and engagement with stakeholders and regulators

    Bankruptcy and Restructuring

    • All aspects of U.S. and international business restructuring (both out-of-court and bankruptcy) affecting governance, operations, liabilities and stakeholder interests
    • Environmental liabilities in complex restructurings and bankruptcies
    • Mass tort restructurings, including governance, abatement and remediation of opioid, products liability, abuse and other claims
    • Bankruptcy-related investigation, including review and litigation of transactions with affiliated parties and other key stakeholders
    • Distressed governance, including advising boards and independent directors
    • Distressed M&A asset transactions (sale and purchase)
    • Broad industry expertise, including energy industry, healthcare, real estate/hospitality and retail (among others)

    Cybersecurity, Privacy and Data Protection

    • Consumer protection and class action litigation defense
    • Data breach management and incident response
    • M&A privacy due diligence and compliance
    • Data protection and cybersecurity audits, counseling and training
    • Privacy compliance and litigation
    • Disaster preparedness and continuity planning

    Environmental and Natural Resources

    • Environmental review of real estate and infrastructure projects
    • Analysis of legacy liability
    • Evolving ESG disclosure standards
    • Carbon-emissions regulations at the federal, state and local levels, including New York City’s “Building Emissions Law,” Local Law 97 and New York State’s Climate Leadership and Community Protection Act

    Private Equity and Investment Management

    • ESG-focused due diligence in M&A transactions
    • Development of ESG compliance policies and procedures
    • Drafting of disclosure documents reflecting ESG investment and compliance policies

    Intellectual Property

    • Patent litigation in district courts
    • Patent appeals before the Federal Circuit
    • Practice before the U.S. Patent and Trademark Office for contested matters
    • Patent prosecution before the U.S. Patent Office and global patent portfolio management
    • Trademark prosecution before the U.S. Trademark Office and global trademark portfolio management

    Technology Transactions

    • Licensing arrangements
    • IP transfers in mergers, acquisitions and divestitures
    • Transactions involving complex or hybrid technologies, technology procurement, and in-licensing
    • IP commercialization and protection
    • Fintech
    • IP spinouts

    Employment, Executive Compensation and Employee Benefits

    • Workplace policies and procedures, and risk mitigation regarding potential employment disputes
    • Advise ERISA plan fiduciaries as to ESG considerations when evaluating plan investments
    • Workplace training, including anti-harassment, anti-discrimination, and diversity, equity and inclusion training
    • Workplace investigations
    • Representing employers regarding claims of discrimination and harassment

     Real Estate and Land Use

    • Real property acquisition, disposition, development, leasing, and debt and equity finance
    • Commercial property assessed clean energy (C-PACE) loans
    • Land use and zoning restrictions, permits and approvals

    Sustainable Finance

    • Solar loan, lease and power purchase agreement securitizations and credit facilities
    • Property assessed clean energy (PACE) securitizations and credit facilities
    • Financing of federal and local governmental and corporate energy efficiency projects
    • Evaluation of corporate Green Bond Framework and Green Bond Principles