Environmental, social and governance (“ESG”) issues have been at the forefront of the minds of investors, regulators, stakeholders and issuers in recent years, and the implementation of such ESG factors by asset managers have created unique challenges and opportunities for our clients. As a market leader in providing legal services to investment managers, we are uniquely positioned to provide practical and topical advice related to ESG developments. Seward & Kissel’s multi-disciplinary ESG team consists of a group of attorneys focused on ESG issues who are well-equipped to advise our clients on a broad range of ESG considerations such as launching impact investing strategies, addressing reporting and disclosure obligations, effectively responding to diligence requests, developing ESG and responsible investing policies, procedures and practices, and navigating ERISA matters. The legal and regulatory ESG landscape is ever-changing, and we monitor, on a continuous basis, global regulatory guidance, emerging best practices, and other developments as they become available.
Seward & Kissel attorneys can advise clients on the unique risks and compliance considerations associated with the adoption and implementation of an ESG policy and/or running an impact investing strategy (whether via managed accounts or via private equity, hedge, or registered fund products). We have the experience to provide practical advice to our clients as they seek to create, evaluate and integrate ESG considerations and policies into their investment strategies and/or businesses, as well as manage the regulatory, compliance, litigation and reputational risks they present.
Seward & Kissel’s ESG team can assist clients in relation to:
- Creation of impact investing funds and managed accounts
- Development of ESG policies and procedures
- Review of current investment and ESG research processes
- ESG disclosures in fund offering documents, Form ADV, due diligence questionnaires and marketing materials
- ERISA fiduciary duty issues and raising capital from ERISA plans
- Special considerations for registered investment companies
- Side letter and diligence requests
- Responses to U.S. regulatory matters, including SEC examinations
- Proxy voting
- Corporate engagement