Hunton Andrews Kurth LLP’s multidisciplinary sustainability practice supports clients in setting and meeting sustainability goals. As a component of this practice, we identify and address environmental, social, and governance (ESG) risks associated with regulatory requirements and increasing pressure from investors and private litigants.

Sustainability Strategy
We have a deep understanding of the technical aspects of sustainability and work with clients on core business strategy and sustainability goals. Our team includes a former sustainability executive for a top-20 Fortune Global 500 company and an attorney who previously worked for a leading sustainability reporting standard-setting organization, as well as former counsel for the EPA, SEC, FTC, other federal agencies, multiple state attorneys general, and experienced corporate lawyers and litigators. This allows us to effectively strategize on how to leverage existing corporate processes and management systems to pinpoint and mitigate risk, track legal obligations and voluntary commitments, and develop compliance solutions. When our clients choose to build new sustainability data collection and management processes, we advise on what is needed to prepare compliant disclosures and substantiate sustainability claims. We also interact with policy makers and other stakeholders on our clients’ behalf.

ESG Risk Management
We recognize that our clients are navigating a host of novel requirements aimed at shaping responsible business practices at the same time that ESG disclosures are becoming mandatory for the first time. Because ESG disclosure requirements and litigation risks differ across jurisdictions, companies operating in multiple markets must develop a coordinated, deliberate approach to ESG compliance. Focusing primarily on decarbonization, circular economy, and responsible operations and supply chain, we counsel clients on ESG risk management. Our experience includes designing corporate governance structures; responding to ESG-related shareholder proposals; reviewing and substantiating voluntary sustainability reports and marketing claims; assessing and revising current data collection and report drafting processes for mandatory ESG disclosures; advising on liability insurance policies and tactics to maximize insurance recoveries for ESG-related claims; and handling litigation.

Product Stewardship
Our team is on the front lines of tracking, understanding the implications of, and engaging on international, national, and subnational emerging legislation and rulemaking that impacts our clients’ products. We have experience in all aspects of sustainable supply chain and product stewardship management, including: supply chain due diligence and reverse logistics; material sourcing (including conflict minerals and human rights); negotiating and drafting supplier and customer commercial agreements; advertising and marketing; managing greenwashing claims; product manufacturing and importation; compliance audits and certifications; packaging and labeling; international and domestic hazardous materials and waste transportation; extended producer responsibility and circular economy requirements; and product safety, recall, and associated litigation (including in civil administrative and criminal agency enforcement actions, citizen suit enforcement defense, and other third-party litigation). We also have a robust network of global local counsel for transboundary issues or matters arising in jurisdictions that require specialized experience.