Sustainability & ESG
Notable Representations, Key Contacts
We counsel public and private corporations, private equity sponsors and their portfolio companies, boards of directors, C-suite executives, financial institutions and other financial sponsors on the full range of ESG issues that affect their business. This includes advising on ESG (including anti-ESG) considerations in public company and private equity M&A, fund formation and banking and finance, litigation and regulatory matters focused on E, S and/or G matters, and compliance with disclosure requirements and related internal controls and procedures.
Our integrated approach involves partnering with our clients to evaluate their business strategy, assess impacts, risks and opportunities, and provide sound and highly-tailored business judgment and guidance on compliance, market trends and investor expectations. We strive to provide the very best advice to all clients in all industries, irrespective of position on and approach to ESG issues, while being cognizant of tensions that may arise when clients, shareholders and other interested parties have different priorities and expectations.
Our Capabilities
Corporate Governance; Strategy and Risk
- Provide strategic advice regarding sustainability and ESG (and anti-ESG) issues at all stages of a company’s lifecycle, including private equity sponsors and portfolio companies, IPO companies and mature issuers
- Provide in-depth analysis of ESG matters, including the design and implementation of ESG oversight and risk monitoring systems and related controls and procedures
- Conduct risk analysis relating to sustainability-related disclosures, marketing materials and other sustainability claims
- Conduct board evaluations and advise on board composition, skills and committee structure considerations
- Advise on stakeholder matters, helping clients identify, prioritize, and manage ESG issues internally and in external communications
Crisis Management
- Respond swiftly and effectively to various challenges such as discovering financial statement errors, shareholder activism, planned or unplanned CEO and leadership succession, government investigations and financial distress
- Counsel with respect to the full breadth of issues arising from mergers, acquisitions, corporate restructurings and bankruptcies
- Partner with clients to manage legal and reputational impact, bringing particular expertise regarding crises stemming from corporate culture problems and other ESG-related issues
Disclosure and Reporting; Sustainability Ratings
- Advise on sustainability-related disclosures and reporting by public companies and private funds, including compliance with mandatory disclosure requirements, voluntary frameworks, listing rules and fund documentation, and risk mitigation
- Assist clients stay abreast of evolving ESG requirements in the U.S. (federal and state) and Europe, many of which are highly technical
- Help clients address stakeholder concerns and foster engagement in a dynamic and constantly evolving ESG environment
- Advise on ESG-related disclosure policies, procedures and controls, and related oversight
- Provide our clients “early warning” of new developments and emerging trends to help them prepare for change
- Review third party sustainability ratings reports
- Advise on ESG materiality assessments (including double materiality)
Litigation, Investigations, Enforcement and Regulatory
- Advising on “greenwashing” and other significant litigation involving environmental issues, leveraging our successful record litigating claims brought by private litigants, government entities and NGOs in high stakes plastics, public nuisance, greenwashing, and other ESG-related cases, especially on behalf of multinational consumer products companies
- Counsel management and board committees on sensitive internal investigations, internal employment compliance audits, whistleblower claims, government inquiries, and other allegations by regulators, private plaintiffs and activists relating to environmental and/or social claims in advertising, ESG reporting, and other company communications
- Advise clients on litigation risk management and strategy, including implementation
Shareholders and Investor Engagement
- Advise on the full spectrum of complex challenges that may arise from ESG-focused activism
- Work with clients on strategies to effectively communicate with investors around ESG issues
- Advise on impact of evolving stakeholder concerns, including institutional investor and proxy advisory firm policies
- Counsel on conflicts of interest and transactions with controlling shareholders
- Advise on engagement with active shareholders to understand their objectives and help our clients work to achieve a successful resolution
- Advise on takeover defenses
- Assist with the management of and response to shareholder proposals
Transactions and Due Diligence
- Conduct due diligence across varied business sectors and jurisdictions, in all areas of ESG-related regulations and other red flags, such as environmental matters, labor and employment issues, supply chain management, human rights, antitrust, anti-bribery and anti-corruption, anti-money laundering, export controls, sanctions, government procurement, data security and cybersecurity
- Advise on ensuring that impact fund investments comply with commitments set forth in fund documentation, including for Article 8 and Article 9 funds established pursuant to the Sustainable Finance Disclosure Regulation
- Deliver innovative strategies that address the unique challenges faced by private and public investors, energy companies, project sponsors, lenders, and technology suppliers operating in oil and gas, power and renewables, and energy transition spaces
- Advise strategic and financial buyers, private equity portfolio companies and pre-IPO companies on implementing governance structures and strategies relating to ESG matters, including policies, procedures, controls and risk management processes
- Coordinate with third-party consultants to ensure integration into the overall transaction process
Sustainability and Impact Funds
- Advise on formation of sustainability and impact-focused funds
- Counsel clients on integrating ESG considerations into fund strategies and documentation
- Negotiate relevant terms with investors, including ESG-related measurement, reporting and excuse provisions
- Develop ESG-related policies and procedures at the investment, fund and sponsor levels
- Assist clients with navigating regulatory oversight and compliance for private fund sponsors, including with respect to transactions utilizing capital from impact funds
- Counsel on all aspects of the EU Sustainable Finance Disclosure Regulation, Corporate Sustainability Reporting Directive and Taxonomy Regulation
- Assist companies and investors throughout the energy transition and sustainable infrastructure space on transactions involving renewable fuels, carbon capture and sequestration, hydrogen, energy storage, and energy efficiency/greenhouse gas reductions, among others
- Represent issuers and financial institutions in connection with green and sustainability-linked bonds
Environmental, Health and Safety Matters
- Unparalleled experience advising on the environmental, health and safety aspects of acquisitions, divestitures, financings, restructurings and securities offerings across various business sectors worldwide, including regulatory and physical risks relating to emissions and energy transition impacts
- Identify and advise on emerging business risks and opportunities associated with changing environmental policies driven by ESG-related concerns
Artificial Intelligence, Data Privacy and Cybersecurity Counselling and Response
- Provide comprehensive counseling on the full spectrum of data privacy laws in the U.S., Europe and the U.K.
- Perform due diligence and assess transactional risk, and negotiate transactional documents
- Advise on all aspects of the collection and processing of personal data including the use of AI-related products and services
- Help clients navigate the opportunities and risks presented by AI, including and in particular with respect to generative AI, and advise on AI oversight, governance and evolving regulations
- Represent clients in privacy-related litigation and regulatory investigations
- Advise on crisis planning and response in relation to cybersecurity breaches
- Advise management and boards on global privacy compliance and risk management
Human Capital Management, Human Rights, DEI and Anti-DEI
- Collaborate with sponsors, portfolio companies, boards and committees to develop human capital management and human rights policies, procedures and controls, and advise on oversight of such issues, including employee engagement and culture
- Review workforce and supplier programs and policies (including those relating to diversity, equity and inclusion) in light of regulatory and litigation developments and related scrutiny
- Counsel on proxy statement disclosures and advise on diversity reporting expectations of proxy advisory firms and investors
- Advise on pay gap and other human capital shareholder proposals
- Counsel on annual report, proxy statement and sustainability report disclosures relating to human capital management, human rights, supplier programs and conflict minerals
- Advise on employment litigation, governance, disclosure and other considerations
- Undertake racial equity and similar reviews
- Counsel on compliance with whistleblower regulations including with respect to employment and separation agreements
Key Contacts
See list of lawyers globally
Shortcut Links
Seth Kerschner Ranked Band 1 for Environment: Mainly Transactional in New York
Chambers USA 2025
Annemargaret Connolly Named 2024 “Environment Lawyer of the Year” and “ESG Leadership Lawyer of the Year”
Euromoney Legal Media Group Americas Women in Business Law Awards
Ranked Band 1 for Environment: Mainly Transactional in D.C.
Chambers USA 2026
Ranked Tier 1 for Environment: Transactional
Legal 500 US 2026
Named National Tier 1 Environmental Law Practice
U.S. News – Best Lawyers “Best Law Firms” Survey 2022*
* Best Lawyers (in America) is by Levine Leichtman Capital Partners
Speaking Engagements, Latest Thinking, Firm News & Announcements
Speaking Engagements
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Data Centers and ESG: Managing Climate, Water and Community Impact
Speaker(s):
Rebecca Grapsas,
Seth Kerschner and
Janina Moutia-Bloom
May 28, 2026 — Governance, Securities and Reporting partner Rebecca Grapsas, Environmental partner Seth Kerschner, and Private Funds associate Janina Moutia-Bloom spoke on the panel “Data Centers and ESG: Managing Climate, Water and Community Impact”, a featured event of the 2026 Berkeley Corporate + Climate Summit.
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PEI Impact Investor Global Summit
Speaker(s):
James Bromley,
Seth Kerschner and
Matthew D. Morton
May 19-20, 2026 — London — Weil was proud to be a Principal Sponsor of this year’s PEI Impact Investor Global Summit, held in London. The summit – hosted by PEI Group and New Private Markets – is the leading global event for impact investing in private markets, convening more than 650 investors, fund managers and allocators shaping the future of sustainable capital.
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Key ESG Regulatory Developments: Need to Know in 2026
Speaker(s):
Rebecca Grapsas,
Seth Kerschner,
Marc Schubert,
Hayley Lund and
Amy Waddington
April 28, 2026 — Governance, Securities and Reporting partner Rebecca Grapsas, Environmental partner Seth Kerschner, Regulatory Funds partner Marc Schubert, Disputes and Investigations partner Hayley Lund and Sustainability & ESG senior counsel Amy Waddington spoke on the panel “Key ESG Regulatory Developments: Need to Know in 2026” as part of the Sustainability & ESG Webinar Series.
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Subsidiary Governance Essentials for Multinationals
Speaker(s):
Rebecca Grapsas
April 17, 2026 — Governance, Securities and Reporting partner Rebecca Grapsas spoke on the panel “Subsidiary Governance Essentials for Multinationals“ at the American Bar Association Business Law Section Spring Meeting, in Atlanta.
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Sustainability & ESG Breakfast Roundtable: SFDR 2.0
Speaker(s):
Amy Waddington,
Hannah Laurie,
Bryony Pearson and
Kate Bystryk
January 21, 2026 — Weil Private Funds Group hosted a Sustainability & ESG Breakfast Roundtable client event focusing on recent proposals to overhaul the EU Sustainable Finance Disclosure Regulation (EU SFDR). The reforms are significant for all managers fundraising in Europe; and will impact investment strategies and capital deployment during the lifecycle of a fund.
Latest Thinking
- Key Questions to Ask About Data Center Governance Alert — Sustainability & ESG — By Rebecca Grapsas, Luke E. Laumann, Matthew D. Morton, Amy Waddington and Janina Moutia-Bloom — PDF — June 04, 2026
- SEC Proposes Broad Reporting Reforms and Significant Enhancements to Capital Markets Access Alert — By Lyuba Goltser, Howard B. Dicker, Heather L. Emmel, Kaitlin Descovich, Steven Bentsianov and Julie Rong — PDF — May 22, 2026
- European Union Corporate Sustainability Reporting Directive and EU Statutes as Amended Alert — By Rebecca Grapsas and Bridget Bantner — PDF — May 2026
- UK Sustainability Reporting: A New Generation of ISSB-Aligned Disclosures Alert — Sustainability & ESG — By Amy Waddington and Janina Moutia-Bloom — PDF — May 2026
- SFDR 2.0 Update – European Parliament Adopts Its Draft Negotiation Position Alert — Sustainability & ESG — By James Bromley, Hannah Laurie, Bryony Pearson, Kate Bystryk, Amy Waddington and Janina Moutia-Bloom — PDF — May 2026
Firm News & Announcements
- Weil Advises the Underwriters in Fluence Energy’s Class A Common Stock Offering Deal Brief — May 18, 2026
- Weil Advised Blackstone on its Acquisition of Skroutz from CVC Deal Brief — May 11, 2026
- Weil Advises Underwriters on Suja Life’s $187 Million Initial Public Offering Deal Brief — May 11, 2026
- Weil Welcomes First Employment Partner in Germany – Continuing the Expansion of Transactional Practice Press Release — April 09, 2026
- Sixteen Weil Partners Shortlisted for Euromoney’s 2026 Women in Business Law Americas Awards Firm Announcement — April 03, 2026


