Globally, organisations are waking up to the need of the hour and to the inevitable future – a greener economy fuelled by sustainable development. Public entities such as regulators are now increasingly joined by private investors, customers, and other stakeholders in focusing on ESG standards.
RHTLaw Asia’s ESG practice aims to equip clients with the right knowledge to navigate ESG considerations and regulatory requirements while maintaining a competitive edge in Singapore’s Green Economy and other emerging regional green economies, too.
Our team of experienced lawyers draw upon their multi-faceted strengths across industries, practices and a background of comprehensive experience to provide sound advice and expert assistance in all ESG-related matters.
For a holistic multidisciplinary approach to ESG, we also collaborate with RHT Green, a Singapore-based sustainability consultancy that provides thought leadership and sustainable transformations.
| a. Regulatory Compliance & Advisory |
| i. Advice on voluntary disclosures and commitments, sustainability reports and website pages, by energy and other companies regarding achieving carbon emission reductions and other ESG initiatives |
| ii. Zero waste management and circular economy (including MPR compliance) |
| iii. Drafting of ESG contractual clauses in agreements |
| iv. Advice on corporate and supply chain structuring |
| v. Review and evaluation of ESG performance of vendors suppliers, subcontractors, manufacturers, and other business partners on compliance |
vi. Environmental law advice from a cross-sectoral and regional perspective |
| b. Litigation, Investigations & Dispute Resolution |
| i. Representation in litigation (including class actions suits) on air / water pollution, environment, toxic / environmental torts, groundwater contamination and the like |
| ii. Advice on relevant internal and external investigations, with holistic support for crisis management and engagement with stakeholders and regulators |
| i. Representation in international commercial and investor-state arbitration proceedings |
| ii. Advice on internal and external investigations with support for environmental crisis management and reputational risks associated with ESG |
| iii. Review, maintain, and manage directors’ and officers’ (D&O) liability insurance policies and develop risk mitigation strategies to maximize insurance recoveries for ESG-related claims made against directors and officers |
c. Transactional Support Solutions |
| i. Advice on the development of M&A and JVs re: renewable, clean and alternative energy projects |
| ii. ESG tailored buyer/vendor due diligence models |
| iii. Identifying ESG impact on acquisitions, investments and lending for both investors, targets, buyers, lenders and borrowers |
| iv. Advising M&A parties on risk mitigation tools and integration strategies in the context of ESG-related issues |
| v. Acting for clients in JVs in relation to renewable energy projects |
| d. Sustainable Finance |
| i. Advice on sustainable financing including ESG / sustainability-linked or “green” loans for financing sustainable supply chain, energy transition and renewable energy projects |
| ii. Advice on ESG considerations in capital markets transactions |
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a. Business & Human Rights |
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i. Advice on inclusion and diversity, mandatory and voluntary diversity and compensation reporting (including gender and ethnicity pay gap reporting, CEO pay ratios) and equal pay issues |
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ii. Design of a plan of action for risk management, due diligence and opportunity, informed by best practices in line with UN SDGs, UNGPs on Business and Human Rights, international principles, disclosure frameworks and guidance, and laws and regulations |
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iii. Assessment of ESG, sustainability, and human rights risks linked to business operations, products, and relationships |
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iv. Advice on practical measures for preventing, mitigating, and remediating any actual or potential risks of human rights |
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v. Creation of tailored training programs and resources for management, staff, suppliers, and other stakeholders in managing modern slavery risks |
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b. Employment & Labour |
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i. Advice on complaints of whistleblowing, discrimination, bullying and harassment and conducting related investigations |
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ii. Drafting and implementation of executive compensation strategies and policies |
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iii. Employment-related DD and reps and warranties in transaction documents |
a. Corporate governance – compliance of: i. listed companies with SGX sustainability rules, ii. investees with ESG covenants imposed by institutional investors |
| b. Advising pre-IPO companies on devising and implementing ESG strategies |
| c. Information governance – privacy and cybersecurity: Conduct relevant impact assessments, internal investigations, cyber/privacy breach remediation, and stakeholder engagement |
d. Impact Investing – Contractual agreements, M&A; loan / syndicated loan arrangements with ESG clauses |
| i. Advising on ESG expectations of institutional investors |
| ii. Advising on ESG-related investment policies and investor engagement policies with respect to ESG matters |
| iii. Advising asset owners and raising awareness of managers on legal and contractual requirements |
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