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Green contracts: the hidden key to ESG enforcement?

Sammar Masood — Wed, 17 Jul 2024 07:22:09 +0000

City Uni law grad Sammar Masood explores the viability of ESG clauses in commercial contracts

Our planet’s environmental state is at an all-time high level of concern. With the recent approval of the EU Corporate Sustainability Due Diligence Directive (CSDDD) in May 2024, it is clear that our most powerful institutions are beginning to take corporate entities’ impact on the environment seriously.

The CSDDD, Corporate Sustainability Reporting Directive (CSRD), and emerging national counterparts are encouraging regulatory frameworks that impose binding obligations upon businesses to conduct due diligence on environmental, social, and ethical risks in their activities and supply chains.

These businesses will be large with high global turnovers and therefore multiple, complex, and multi-jurisdictional supply chain agreements. Along with this, it is known that the majority of a business’s emissions are produced in its supply chains. Therefore, it is widely acknowledged that the most powerful tool to enforce ESG due diligence requirements is the use of ESG clauses in commercial contracts. However, the reality of turning a contract ‘green’ to include such binding obligations, is easier said than done.

What exactly are ESG clauses?

Long and short, ESG clauses guarantee that suppliers adhere to ESG standards, whether these standards are derived from internal net-zero company policies or, as is most likely the case moving forward, from regulatory obligations included in the CSDDD. For the latter, the EU Commission is due to publish further guidance on what may be seen in such clauses. Moreover, the Commission has confirmed that it will introduce voluntary model contractual clauses for businesses. These clauses can take the form of conducting due diligence, compliance, monitoring, or disclosure. Depending on the sectors, industry, and variety of products or services involved, these actions can be required in areas including greenhouse gas emissions, modern slavery, waste disposal methods, and enforcing net zero standards for suppliers.

For smaller companies that may not fall under the jurisdictional or monetary scope of the CSDDD or any other corporate sustainability regulations, the Chancery Lane Project provides contractual clauses under English law which are ready to implement into a potential agreement. These clauses are tailored to the type of contract and certain climate-related aims.

Additionally, ESG warranties have been common practice in mergers and acquisitions. Warranties are contractual promises which, if breached, can result in damages. For example, a seller in a merger or acquisition may warrant that it has not fallen foul of any environmental legislation or does not have any ongoing investigations into its environmental conduct. If these claims are found to be untrue, damages and indemnity clauses can trigger action. The latter can establish which contracting party can hold the other responsible for breaching ESG clauses.

So, there is plenty of regulatory development and social awareness that permits the drafting and incorporation of ESG clauses into commercial and corporate contracts. However, when these clauses are attempted to be enforced, several problems start to appear.

Disputes, disputes, and more disputes?

There is no doubt that ESG clauses are relatively novel. They are also particularly complex because they will need to be increasingly based on multi-jurisdictional, legally binding obligations rather than flexible internal business ESG charters and commitments. Supply chain contracts will be particularly challenging to overhaul as they often span multiple developing jurisdictions, many of which do not prioritise or even have any processes in place for environmental protection or sustainability. For companies to delve into their supply chains and make each supplier aware of new ESG clauses or regulations, will be time-consuming and not easy.

As a result, it makes sense that lawyers and academics alike agree that the sheer size of this task will inevitably lead to more disputes relating to the enforceability and interpretation of ESG clauses in commercial contracts.

Firstly, this is because ESG is dependent on many factors beyond the commercial world. A new government after an election can have a vastly stricter or relaxed approach to environmental policies compared to its predecessor. One supplier may be based in an unstable country with many geopolitical tensions. Generally, the state of the global economy may be fragile, causing businesses to care more about profits rather than maintaining expensive sustainability obligations. This, paired with the fact that ESG clauses are relatively new and that companies may not want to damage relationships with some of their longest suppliers by imposing specific environmental obligations upon them, can result in broadly drafted ESG clauses which do not contain precise, measurable obligations via numerical metrics that can be objectively verified. Examples of a broad approach include general indemnity clauses or unilateral termination clauses. While some may argue flexibility is necessary when dealing with such a fast-evolving regulatory landscape when it comes to the interpretation of ESG clauses, increased flexibility can likely lead to interpretational ESG disputes.

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Secondly, businesses have intricate, expansive supply chains, and suppliers frequently have independent subcontracts with third parties. So how far would due diligence obligations extend in these circumstances? Would these third parties be subject to rigorous due diligence requirements? Under the CSDDD, supply chain obligations are imposed on “lasting” and “not ancillary” relationships with business partners. Official examples of how far down the supply chain this provision can cover have not yet been introduced. Moreover, if a third party were to commit environmental abuse, this raises questions if the contracting parties decide to escalate the matter to arbitration proceedings. Arbitration proceedings tend to be more popular as they can be conducted behind closed doors as opposed to open litigation. Typically, arbitration proceedings possess a lack of jurisdiction when it comes to non-parties to the original agreement. The third-party deciding to initiate simultaneous proceedings can also complicate matters. Considering the current rise in litigation regarding claims that companies possess a duty of care to those who are affected by a third party’s actions in the supply chain, this issue will remain important.

Are contract law principles making ESG clauses harder to implement?

Conventional contract law principles should also be questioned, even though the new and evolving nature of ESG clauses and the introduction of corporate sustainability regulations are undoubtedly factors that are making it harder to practically enforce necessary ESG clauses without numerous roadblocks.

To begin with, English common law has been criticised for having a formalistic approach to contract law. This approach maintains the idea that contracts should be drafted and interpreted based on the plain structure of the words. Social and economic, or in this case environmental context, should not be embedded into the contract or its interpretation. So, while contemporary ESG clauses are being drafted to suit the needs of private regulation, English contract law is arguably not suited to interpret these clauses in the accommodating context that is required.

Additionally, contractual remedies may rely on proving loss. Therefore, if the breach of an ESG clause leads to harmful environmental impact, a company may be required to prove whether activities by a supplier caused the specific harm alluded to in a claim. Environmental damage or human rights abuses are not simple matters to prove. Chemical testing, soil samples, and even blood testing may be needed to verify a supplier’s activities were the direct cause of any abuses. Potential solutions might be to include a lump-sum indemnity payable if there is breach of an ESG clause or requiring the breaching supplier to perform a certain obligation in kind or make a donation to a recognised climate change organisation, though this, in turn, raises issues regarding the enforceability of a specific performance obligation.

A company may try to prove damage to its reputation as a result of breaches or abuses conducted by its suppliers. In the current economic climate containing increased awareness of ESG, investors are more cautious about investing in companies associated with ESG abuses. Therefore, a company must prove financial loss and damage to reputation as a result of their supplier’s actions or breaches, if it wishes to obtain damages in this manner. However, with larger, multinational companies, financial loss as a direct cause of a supplier’s actions will be hard to prove considering the multiple revenue streams companies are involved in at once.

Final outlook…

Overall, ESG clauses have the potential to completely transform the way commercial supply chains operate. Mandatory due diligence and monitoring with quantifiable commitments as essential contract clauses attached to robust remedies are the way forward if ESG clauses are to have their intended effect. However, fear of the new, the desire not to disturb long-lasting supplier relationships, and the added pressure and contractual processes for a company by potentially bringing claims against its supplier for breach of the newest type of contract clause, all make ESG clauses seem less attractive to parties. With the dawn of the CSDDD in December 2024, it will be interesting to see whether the EU will be able to truly turn contracts green. But for now, it seems as if the commercial world and contract law norms will be in a constant state of gradual adjustment and adaptation to ensure the right balance is met between commercial interests and ESG.

Sammar Masood is a recent LLB graduate from City, University of London. She has a keen interest in the intersection of environmental and commercial law, along with commercial dispute resolution.

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The ‘E’ in ESG: How to tackle emission disclosures

Indrakshi Chaku — Thu, 11 Apr 2024 07:44:13 +0000

Law student Indrakshi Chaku offers a comparative analysis of the UK and India’s disclosure regimes

In recent years the growth of the ESG sector has witnessed a profound change in the business landscape. The vision of many businesses has shifted from mere profit maximisation and towards sustainability. Countries have also started recognising the importance of ESG-related disclosures from businesses and as such have implemented guidelines in order to aid the same. However, such disclosures being voluntary requirements, still remain at the mercy of business as usual. Among the growing concerns about meeting the objectives of the Paris Agreement and tackling climate change, it becomes pertinent to look at the reporting of these emissions, especially the Scope 3 emissions which often go uncharted by businesses.

As per the Green House Gas Protocol of 2001, Green House Gas (GHG) emissions produced by corporations can be divided into three categories: Scope 1, Scope 2 and Scope 3.

Scope 1 emissions: these are direct emissions produced by a company’s owned or controlled assets.
Scope 2 emissions: these are indirect emissions produced by a company’s use of energy.
Scope 3 emissions: these are all the indirect emissions found in the corporate value chain. It includes all the emissions produced by the suppliers and the customers of the business.

Accounting for 70% of a business’s emissions, Scope 3 emissions are hard to monitor. Since an organisation has little to no control over its suppliers and customers, calculating and reducing Scope 3 emissions can become an insurmountable task. Organisations therefore avoid reporting these emissions at all. On top of that, several legislative, judicial and corporate governance loopholes make it easier for corporations to avoid reporting these emissions. This article aims to explore such loopholes and provide solutions that businesses can implement to reduce their Scope 3 emissions.

Loopholes in the Scope 3 reporting requirements

1) Legislative loopholes:

In the UK, disclosure requirements regarding emissions are governed by the Streamlined Energy and Carbon Reporting Policy in the UK. However, the regulations come with the following set of loopholes which can jeopardise the country’s net zero target by 2030.

The policy is focused on the reporting of Scope 1 and 2 emissions, significantly omitting the relevant disclosures regarding Scope 3. Furthermore, the policy only extends to large, unquoted companies, meaning that quoted companies can escape the policy.
Section 7 of the guidelines further eliminates the necessity of hiring specialists to calculate emissions within the value chain, thus diminishing the probability of accurate findings.

In the case of India, there is no uniform legislation governing the disclosure of Scope 3 emissions. However, the Securities and Exchange Board of India (SEBI) mandates Environmental, Social and Governance (ESG)-related disclosure for the top 1000 listed companies by market cap in relation to Business Responsibility and Sustainability requirements.

The SEBI issued a consultation paper in Feb 2023 containing guidelines for ESG disclosures. The paper provides for the supply chain disclosure for the top 250 companies by market cap, on a non-mandatory basis for the year 2024-25, and a mandatory basis for 2025-26. However, the regulations only apply to large multinational corporations (MNCs) while 90% of Scope 3 emissions are caused by micro, small and medium enterprises (MSMEs). Further, the disclosures are voluntary in nature and can thus be avoided by MNCs if not in their strategic interests.

2) Judicial loopholes

In the case of non-compliance with ESG standards, a corporation or someone in its value chain can face lawsuits related to GHG emissions. However, the judicial position in cases of non-compliance with ESG standards remain unclear in both India and the UK. In R (Finch on behalf of the Weald Action Group & Others) v. Surrey County Council (& others), the UK Supreme Court upheld The High Court’s decision which emphasised that the scope of Scope 3 emissions remains “a question of law” and is not automatically governed by the EIA directive. Since the decision emphasises that inclusion of Scope 3 emissions is not an inherent part of project planning, but rather a matter to be left up to the discretion of law, it minimizes voluntary consideration and disclosure of such emissions by big corporations.

In another case of R (Friends of the Earth Ltd) v SSIT and others, the High Court was divided on whether Scope 3 emissions were to be considered by the UK Export Finance (UKEF) department while investing in offshore projects or whether not reporting these emissions would be equivalent to going against Article 2(1)(c) of the Paris Agreement and thus an improper discharge of its duty.

The Indian Judiciary provided a new approach to these questions. In Sukhdev Vihar Welfare Residents Association v. Union of India, public health and public interest were prioritized over environmental concerns, and ‘reasonable care’ was set as a standard to get carbon credit. The National Green Tribunal Of India gave primacy to developmental projects over the environmental degradation that such projects may create. This precedent is particularly relevant in the context of Scope 3 emission disclosures by government bodies. In developing nations like India, States may find it hard to develop a binding framework regarding such disclosures due to the development being the prime focus. As such, the lack of prioritisation of environmental degradation in the Courts creates a significant loophole in incentivising Scope 3 emissions disclosure.

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3) Corporate governance loopholes

Shareholder activism refers to a situation where shareholders can put pressure on a corporation to function in an environmentally friendly manner, through rights endowed on share ownership. Shareholder activism related to Scope 3 emissions disclosure has gained significant momentum in recent years in the UK. However, it has not been able to bring significant changes in the internal strategies of corporations. Total Energies, in its May 2023 resolution asked the majority of its shareholders to reject a resolution proposed by a small group of shareholders advising the company to cut down on its oil and gas emissions to align with the goals of the Paris Agreement.

A very similar pattern can be noticed in India. In April 2023, the shareholders of BP were encouraged by a few institutional investors to pass the resolution on cutting its carbon emissions to net zero by 2030 as per the Paris Agreement. The same was discouraged by the company.

What can businesses do?

1) Focus on small suppliers

Most small businesses act as suppliers for large corporations. Consequently, it becomes pertinent to monitor the activities of such businesses. The Scope 1 and Scope 2 emissions of such businesses are the Scope 3 emissions of large corporations. The challenge arises when they do not conform to the reporting standards. Such businesses lack the necessary incentives, resources, knowledge, and public scrutiny to report their Scope 3 emissions. It’s only through the intervention of large corporations, that the standards can be implemented. The corporations can intervene in the following ways:

Mandating small suppliers to set their own long-term sustainability goals.
Appointing specific staff to extend the corporation’s sustainability strategy to the suppliers.
Incentivizing the suppliers such as by providing preference to those who align with the corporation’s long-term sustainability goals.
Providing funding to such suppliers to conduct Scope 3 screenings.
Taking steps to verify, monitor, and regulate the tier 2 and tier 3 suppliers that a corporation is engaged with.

2) Leveraging the potential of AI

Businesses can use AI algorithms to analyse the public data of their key suppliers and estimate whether suppliers are, for example, calculating Scope 3 emissions; setting climate targets; putting a climate transition plan in place; and adopting decarbonisation measures. Issues arise when suppliers are not transparent and such data is not made public, especially small suppliers who are not legally bound to disclose such information. The prediction of Scope 3 emissions in the case of these suppliers is limited to assessing their present sustainability practices. This in itself poses another issue of funding.

While MNCs can afford to invest resources in Scope 3 screening procedures, such suppliers lack resources. AI can contribute to solving these issues. Machine learning models designed to collect and analyse data regarding Scope 3 emissions can be designed in such a way that the data of existing MNCs who have invested resources into identifying their Scope 3 emissions be used to train AI systems to improve their predictive abilities.

3) Taking the merger route

A firm’s economic resources play a part in shaping its ESG policies. In the contemporary era, mergers and acquisitions (M&A) are the fastest routes to raise revenues. And thus, M&A can indirectly help in the faster implementation of ESG guidelines. Contrary to the popular notion that mergers can increase the GHG emissions of a corporation by increasing its critical mass, mergers can reduce the overall emissions of a company and promote the chances of voluntary disclosure.

This is very evident through the acquisition of XTO Energy and its subsidiaries by ExxonMobil leading to a significant improvement in the overall environmental score of the combined entity. Although the GHG emissions associated with the process of hydrocarbon extraction, production, and distribution are considered to be negative, the combined merger of the oil and gas-producing entities still led to a significant reduction in Scope 3 emissions. Another similar example can be noted in the case of the acquisition of Wyeth by its friendly rival Pfizer. Along with the improvement in its financial performance, the acquisition led to a significant rise in its ESG scores of Pfizer.

Conclusion

Scope 3 emission disclosure, previously uncharted territory for many businesses, is gaining momentum. From piquing the interest of investors to being at the centre of public concern, it plays a growing part in establishing a company’s reputation. Even though countries like India and the UK have enacted legislative frameworks to regulate GHG emission disclosures by companies, the explicit focus on Scope 3 emission disclosures is still missing. In its absence, compliance with ESG standards is entirely left to company discretion. While some companies choose to comply, others do not.

However, companies can take several routes when it comes to reporting Scope 3 emissions such as the regulation of small suppliers within their value chain, leveraging the potential of AI, and using strategic mergers to navigate the financial aspect of navigating implementation of ESG policies.

Indrakshi Chaku is a first-year law student keen to explore various facets of international commercial law, including insolvency and restructuring, dispute resolution, and ESG. She is also a passionate advocate for mental health and social mobility within the legal industry and runs a page called PsychoLAWgy.

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‘The best training contract interviews are like conversations’

Anuja Venkataramani — Mon, 11 Mar 2024 08:52:09 +0000

Lachlan Low, White & Case counsel, talks cross-border work, ESG and how to demonstrate commercial awareness

“One day really doesn’t look like the next,” smiles Lachlan Low, counsel at White & Case, as he describes his typical workdays. For example, he tells me that just prior to our chat, he had been in vacation scheme interviews — a new addition to his mornings during the past week. “Usually, however, I’ll try and be in the office for around 9 am, deal with any emails that have come through already and prep for upcoming meetings. I’ll get some work done once I’ve sorted through that, and come afternoon, I try and go for a lunchtime run along the river once a week,” says Low who works in the firm’s busy global M&A and corporate practice.

Frequently advising on multi-jurisdictional matters, Low goes on to discuss the biggest challenges he faces when navigating these. “One of the main issues is just pure practicalities — if you’ve got a transaction with a presence in Australia, the UK and the US, just finding times that work for an urgent call can be hugely challenging” he notes.

Beyond this, however, there’s a further hurdle. “You’ve got sets of lawyers who each know their jurisdiction’s laws inside and out, so it really becomes a matter of communication. You have to understand that someone else’s perspective on exactly the same problem can be very different, because they’re coming at it from a different angle,” Low explains. And it’s not just a matter of different jurisdictions having different laws; it’s also about the different ways in which law is taught between jurisdictions which affects how lawyers approach a problem.

White & Case LLP

“If you’ve got a system that is heavily codified where you follow the rulebook closely, that’s going to be very different from a common law system based on precedent, where judges have more leeway,” he says. “Of course, the flipside to these challenges is that the complexities of multi-jurisdictional work can be intellectually stimulating and makes the work very rewarding.”

I went on to ask Low about the manner in which Environmental, Social and Governance (ESG) is often conceptualised as a monolithic entity, when in fact, it is comprised of a range of distinct factors. I wanted to hear how, in his experience, clients’ ESG priorities differ based on their size and maturity. “From our clients’ perspective, if we’re assuming they’re corporates, their ESG journey really depends on their development and the industry they’re in.” Illustrating with an example, Low notes that a FTSE 100 oil and gas company is arguably at the cutting edge of ESG in terms of the energy transition and balancing the competing interests of its stakeholders as they are in the spotlight and usually have deep pockets to invest in ESG. On the other hand, a smaller company that’s about to IPO, regardless of the industry it’s in, is likely to focus predominantly on the governance side of ESG. After all, it needs to ensure compliance with the listing rules and ensure investor confidence in order to list.

The application deadline for White & Case’s First-Year Insight Schemes is 31 March 2024

Staying on the theme of corporate governance, I ask Low about his role managing White & Case’s Public Advisory Team, and the kinds of legal advice that listed companies require outside of their deal cycles. “I’m also a chartered company secretary, and essentially our role in this team is to advise listed companies on their continuing obligations throughout the year,” he explains. This covers everything compliance-based to do with the Companies Act, listing rules, disclosure and transparency rules and the market abuse regulation. For instance, if a public company is about to sell one of its divisions, the team tackles a range of issues that arise. “We advise the disclosure committee on whether that fact is inside information, whether announcing this to the market can be delayed, record-keeping issues related to this and who can trade in its securities if there are employee share options,” he elaborates.

Low goes on to explain how ESG considerations actually come into play in the M&A context.

“We’re seeing an increasing number of deals that have warranty and indemnity insurance behind them. If you’ve got a clothing manufacturer, the buyer and insurance providers are arguably going to be more focused on the supply chain. So, for these sort of companies we’re considering whether the seller has got their Modern Slavery Act compliance statements ready, whether they’ve diligenced the supply chain to ensure the target is not using forced labour, for instance,” says Low.

He continues: “The governance piece concerns what the deal actually looks like. So, if you’re entering into a joint venture, you need to consider who has a seat at the board table and how decision-making in the joint venture will operate in practice.” Low points out that this is fairly standard and does not seem to be changing very much with the increased emphasis on ESG in recent years. “Where we are seeing change is around continuing obligations; the disclosures that companies have to make in their annual accounts, whether that’s listed or private companies, to ensure compliance with the (largely) environmental regulations that are coming out, but the building blocks of how companies are governed isn’t really changing” he notes.

I also asked Low about the time he spent in-house at a biopharmaceutical company and why he decided to come back to private practice. “It was a fascinating experience. The beauty of it was that absolutely everything came across my desk. I became the health and safety officer, I did the M&A work, I was involved in doing the incentives and rewards and was also responsible for employment throughout Europe,” he says. With such a varied workload, Low was able to use this stint to understand which practice areas he was most suited to, and which didn’t quite align with his strengths and interests.

He explains his decision to come back to private practice was one to do with the differing weights that companies place on the legal function. “When you’re in-house, your role is a cost function of the company. You really have to work with the business to help them understand the value you bring, so that you are not viewed as a roadblock to their plans, but rather as providing a valuable facilitator as well as a risk management role,” Low explains. He contrasts this with the environment in private practice, where engagement is predominantly with other lawyers, as companies have already made the decision to get lawyers involved.

Ultimately, Low stresses the importance of lawyers getting secondment experience during their career, because of the insights into client delivery it offers. “Now, in the Public Company Advisory Team, I essentially offer the same services that I needed as in-house lawyer in a part-listed public company. So, having that perspective from the other side of the table was incredibly helpful,” he explains.

Approaching the end of our conversation, I ask Low about how applicants can best demonstrate their commercial awareness at assessment centres. “If a candidate says they have any sort of work experience, commercial awareness is about showing that they really understand what they’ve been doing. Even if it’s the most mundane administrative task, try and contextualise it by discussing its role in the bigger picture,” he says.

Low also advises against trying to say what you think the interviewer would like to hear and making it flow naturally. “I always say that the best interviews are a conversation. Be prepared with the information you’ve got, but the best candidates are not waiting to drop in a particular fact or piece of information. They have a broad enough knowledge that they can hold their ground wherever the interview goes,” Low notes.

Lachlan Low will be speaking at ‘The growing significance of ESG in the M&A world — with White & Case’ a virtual student event taking place on Tuesday 19 March. Apply now to attend.

The application deadline for White & Case’s 2026/27 Training Contract is 14 July 2024

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Commercial awareness: What is it and how to get it?

Divyansh Sharma — Mon, 20 Nov 2023 11:08:19 +0000

Goodwin Procter’s Ravi Chopra talks AI, ESG and why good commercial lawyers are the ones who truly understand what drives their clients

“It is important for aspiring solicitors to have a general awareness of macroeconomic trends like inflation and geopolitical developments,” says Ravi Chopra, funds partner and UK early careers co-chair at the London office of US law firm Goodwin Procter. “Developing your commercial knowledge will help you connect with clients on a deeper level. You will be able to appreciate what drives them and their business. This will ultimately make you a better, more well-rounded lawyer.”

As a funds lawyer, Chopra often works with fund managers looking to raise capital from institutional investors, such as pension and sovereign wealth funds. This money is then invested in sectors like private equity, technology or healthcare, which is where commercial awareness comes into play.

Goodwin

Chopra explains this with an example. “We are seeing growth for our healthcare clients internationally,” he explains. “One reason for this is that governments may be budget-constrained, or open to private partnerships, and this has opened avenues for alternate providers. The scale, pace and innovation required in this space can be driven by private equity players.”

Chopra also keeps an eye out for the demographic trends that impact the healthcare sector. “Life expectancy has risen considerably in recent years and people want to have the best possible care. Facilities like semi-assisted living spaces, with a mix of healthcare support, catering and leisure amenities, are now increasingly in demand in the UK and the US. We also see increasing demand for life-enhancing, as opposed to life-critical, medical procedures, such as laser vision correction,” he explains.

Another trend is the heightened focus on healthy lifestyle choices, in particular across the younger demographic. “There is a trend to look after themselves. Alcohol and meat consumption seem to be at an all-time low in the UK, while discretionary spending on healthcare is rising, which is naturally of interest to my clients,” explains Chopra.

How ESG impacts clients

When we speak about topical business trends, Chopra walks me through the impact of environmental, social and governance (ESG) on his practice. “I am talking about ESG with clients a lot more than I used to,” he says. “We are also seeing investors increasingly conscious about making ESG-friendly investments decisions. It is great to see stakeholders across the board approaching the area with good intentions – there’s a real sense that they are adopting ESG because it is a win-win for society as a whole, as well as a pragmatic commercial choice.”

The application deadline for Goodwin Procter’s Spring and Summer Vacation Schemes is 15 December 2023

That said, it is important to ‘rationalise’ the approach towards ESG in transactional work. “Not every investment is going to improve the environment and the impact can vary from industry to industry. If you are buying an office or residential building, for example, there are clear implications around energy efficiency and building materials. This is to be contrasted with something like acquiring a research company where energy consumption and environmental impact may be more limited,” says Chopra. Lawyers must therefore apply a ‘common sense’ approach and tailor their advice to each specific transaction.

Is AI changing the legal sector?

Another major issue impacting the profession is technology — particularly artificial intelligence (AI). Chopra tells me that technology has been “increasingly helpful” for process and document management in his practice. At the same time, it is unlikely that AI will replace what he describes as “the humanity of business relationships”.

“If people are investing in a fund, they are investing in a team of executives who run the fund. They do their due diligence on those people, before entering into a long-term business relationship with them. Legal discussions and negotiation of terms form part of that dialogue, where clients appreciate a high quality and personal approach. There’s no denying that AI can complete certain due diligence tasks efficiently, but there is always a human oversight element involved. Plus, specialist clients often desire a high degree of tailoring, which AI may not be able to offer.”

‘Sector focused approach’

With the application season for vac schemes and TCs in full swing, Chopra also offers guidance on developing a commercial mindset. “I would encourage students to read economic and finance news from multiple sources. The more you read, the more likely it is that you will stumble upon a sector or two that interest you more than others. You can then start focusing on specific developments relevant to these sectors and develop a real depth of understanding.”

So what should your commercial awareness prep look like in practice? Chopra helpfully breaks down the process: “Let’s say you read an article about an innovation or change in a particular sector. Once you’re done reading, take a moment to consider what the challenges that a client could face around such a development are. First, think about how inflation, interest rates, or other macroeconomic developments might impact such a company. Then move on to consider how a client in that sector would respond. With sector-specific news consumption, you might also be able to point to the latest headwinds or best practices that businesses in the industry may be adopting,” he says.

Following this approach, you would be better able to ‘connect the dots’ when you read news pieces. “Consuming information in such a way is an important skill for a corporate lawyer,” says Chopra. “When a client comes to you with an issue, you can appreciate it in the context of both macro and micro-economic trends. Good corporate lawyers go way beyond just completing the tasks at hand. They are the ones who can work the broader context and see what the client cares about. This gives you the texture to be able to discuss the client’s business needs in much more detail and depth. And, of course, it improves your drafting and negotiation and, over time, makes you a better lawyer,” advises Chopra.

The application deadline for Goodwin Procter’s Spring and Summer Vacation Schemes is 15 December 2023

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How the 2008 crash led to my career in financial services regulation

Anuja Venkataramani — Mon, 06 Nov 2023 10:19:36 +0000

Gowling WLG principle associate Sushil Kuner discusses cross-border work, ESG and her unique value add for clients

Starting off our conversation, I ask Sushil Kuner, a principal associate at Gowling WLG, about life in the firm’s financial services regulation practice. “My day-to-day is very varied, and that’s partly due to the small size of our team. What this means is that we deal with a broad range of issues individually. So, rather than having sector specialists within the team, we do a dual role of supporting other practice groups within the firm, as well as working with our own diverse client base,” she tells me.

Kuner goes on to explain that the clients she works with include financial institutions (such as banks and insurers) and asset managers, as well as those who aren’t in financial services themselves, but offer financial products, like large auto manufacturers. “This comes about because during the consumer journey these businesses increasingly offer finance options to customers and are often regulated for consumer-credit related activities. We also act for a range of housing developers where regulatory considerations around things like shared ownership schemes, help to buy and second charge mortgages are often required,” she details.

Gowling WLG Trainees

The benefit of this structure is that it allows a good deal of diversity in terms of the issues Kuner’s able to deal with each day, so things are kept interesting and challenging. “It keeps us on our toes, especially because regulatory is constantly evolving in any case. Think crypto assets, for example, around which there is a fairly new and ever-developing regime,” she points out.

I took Kuner’s mention of crypto as an opportunity to ask for her perspective on the issues that students should keep an eye out for around artificial intelligence (AI), the metaverse and cryptocurrencies. She cautions, “each one of these aspects is a huge area, and moreover, I look at them largely from a financial services regulatory angle. So, keep in mind that you can consider each from a range of perspectives. With AI, for instance, aside from financial services regulatory, two very different, but equally interesting, legal issues surround intellectual property (IP) rights and data privacy,” Kuner notes. Meanwhile, you could be using crypto assets to make purchases in the metaverse, but once again, the financial services regulation is just one facet in a whole array of legal issues that could arise, for example, tax considerations, she points out.

Kuner also went on to speak about her experience of working with the firm’s US and India-based clients and the skills needed to work on matters with a strong cross-border dimension. “Sticking with the theme of crypto assets, the nature of the sector is that businesses operating in this space can be based anywhere in world. Now, if they want to do business with UK consumers, they come to us to ask for perimeter guidance”, she explains. This entails assessing their business model to see if they are conducting activities regulated within the UK, and if so, helping them navigate this process to establish themselves in the UK.

The application deadline for Gowling WLG’s 2024 Summer Vacation Scheme (London and Birmingham) is 22 November 2023

While Kuner acknowledges that a large majority of clients do speak English, the language barrier is, however, not completely eliminated when working with international clients. “The trickiness comes in because you have to be much clearer and more articulate – for instance, when you’re having to break down complex terms that you might be familiar with, but a client isn’t, particularly in other jurisdictions,” she tells me. Understandably, this is a key skill to ensure alignment of interests and objectives, as well as managing client expectations.

Kuner also draws my attention to an additional dimension of cross-border client work at a global law firm — project management. “We’ll sometimes have a US-based client that wants to start doing business in Europe. Now, we make it clear at the outset that we only advise on English law, but the client can then ask us if we can project manage their enterprise. So, once we produce an initial memo based on English law, we would share that with our counterparts in other jurisdictions and seek their legal opinion,” she details. “This enables the client to see how the positions differ between different jurisdictions.”

We then chatted about Kuner’s career journey, she urged the next generation of lawyers not to “pigeonhole themselves early on” and “be open to possibilities”. She qualified as a corporate lawyer in 2007 pre-credit crash; “the wrong time to qualify into corporate,” she tells me. After two years of buoyant activity, with back-to-back completions, she was faced with dwindling work and law firms across the board making redundancies. Kuner decided to move to Canada on a one-year working visa where she joined a Big Four firm’s Vancouver office.

“If there’s one thing I would tell students, it’s to not have tunnel vision and think ‘I’m a lawyer, I can only do a legal job at a law firm’. Seeing the events of the crash unfold really opened up my eyes to financial services — so when I came back after the one-year working visa expired, I applied for a role at the Financial Services Authority, as the Financial Conduct Authority (FCA) was then called,” she details.

While Kuner started off on a six-month placement, she ended up staying for 8 years, moving around various teams. “I wrote key external industry-facing documents in the FCA’s Supervision division, and also spent four years as a case lawyer and lead investigator in its Enforcement division”, Kuner explains. Unsurprisingly, these experiences are now invaluable to her career at Gowling WLG, as her insights into the FCA’s processes give her a unique value-add when it comes to advising clients. “If you haven’t worked at the FCA before, and you’re regulated by it, it can be a scary beast. But because I’ve got that understanding of its strategic priorities and how it makes its decisions, I’m able to bring that added perspective, and it’s certainly something that clients appreciate”, she tells me.

Approaching the end of the interview, I was also curious to get Kuner’s insights on the role played by financial services in Environmental, Social and Governance (ESG) considerations, given the increasing emphasis on these in recent years.

“The regulatory angle on ESG in financial services is huge,” she says. “The UK government has been making it clear since around 2018 that financial services are a key driver in the net zero transition — after all, they help determine where capital is deployed.

Kuner continues: “With that in mind, the regulators have put in place a number of initiatives with respect to disclosure, addressing listed issuers, large asset management firms and big capital owners. This is effectively a whole new disclosure regime which requires these players to report on their climate-related metrics and policies. With investors and consumers being more interested in firms’ ESG policies to ensure that their capital is being steered in a meaningful direction, the role of financial services regulation in relation to ESG is significant.”

The application deadline for Gowling WLG’s 2024 Summer Vacation Scheme (London and Birmingham) is 22 November 2023

Gowling WLG’s Sushil Kuner will be speaking at ‘The Big Commercial Awareness Themes of 2023-24 — with DWF, Goodwin Procter, Gowling WLG, Lewis Silkin, Squire Patton Boggs and ULaw’, a virtual student event taking place THIS AFTERNOON (6 November). Apply now to attend.

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‘London’s skyscrapers inspired me to become a real estate lawyer’

Divyansh Sharma — Fri, 20 Oct 2023 11:19:58 +0000

BCLP senior associate Daniel Burnand talks return of the office space and what ESG means for his clients

“I have a real passion for buildings,” says Daniel Burnand, senior associate at Bryan Cave Leighton Paisner’s real estate group. “As a young boy, I would look at NatWest Tower, one of the few skyscrapers in London at the time, and tell my mum that I wanted to work there. To me, it represented success. Buildings carry this intangible power to inspire people and that is exactly what excites me most about my work.”

Speaking with Daniel makes me think about how central the idea of ‘ownership’ has been to our existence as a human race.

“I love the creation of spaces because this strings right through everything we do as human beings,” says Daniel. “Somebody seeking dwelling or shelter for themselves looks for a house. When one opens up a business, they need a physical space to work out of. Countries are possessive about the territorial areas that are covered under their political borders. There is a global and unifying aspect to the idea of property, and we have always been really passionate about land.”

Bryan Cave Leighton Paisner Graduates

Helping his clients meet their goals of developing and managing properties inspires Daniel’s work as a real estate lawyer. “Exposure opportunities are immense at a firm like BCLP as real estate is one of our core practice areas,” he says. “At other firms, you’d be involved in ancillary real estate aspects of deals, like reviewing title deeds or certificates of title, and another team would lead the transaction. This is in contrast to the work I can do at our firm. Here, the real estate group would often drive the whole transaction and interact with clients directly.”

Collaborating across practice areas to complete deals

That said, there are multiple opportunities to collaborate with lawyers from other specialist areas. Daniel explains this with an example. Recently, his team completed a large deal for a Dutch developer focusing on sustainably redeveloping core central London assets. The transaction capitalised on the expertise of lawyers from a range of different practices.

“We were consistently working with two of our corporate teams,” says Daniel. “One of these was working on the acquisition of properties since this acquisition was being made at the corporate level. Another set of BCLP corporate lawyers was advising our clients to set up a joint venture that would be the vehicle used for acquiring this land.”

There is support from other practices too. “There is often construction and planning advice needed for many development projects, which is where those lawyers would come in,” says Daniel. “Another team we work with often is real estate disputes. Most of the buying and selling of land involves extinguishing certain rights of third parties. Some properties come with restrictions around what you can or cannot do or may have a right to light which cannot be obstructed. Our disputes colleagues help us in drafting clauses to deal with these issues in such contracts.”

Many deals come with issues cutting across employment and intellectual property (IP) aspects too, Daniel tells me. “Our clients are often buying buildings where some of the building services team are permanently employed. Successfully completing such a sale might involve looking at employment mechanisms in place that could transfer those staff to the buyer. At other times, buildings being sold could have the branding of the seller and this may raise questions related to trademark agreements and licenses.”

Applications for BCLP’s 2024 Spring and Summer Vacation Schemes are open now and close on 14 January 2024

Quite unsurprisingly, energy efficiency is on top of the radar for clients buying new properties. “Heat-sharing arrangements, onsite renewable energy, electric vehicle charge points and heating and cooling networks are of particular interest to our clients,” says Daniel. “These contracts, with support from our energy lawyers, will dictate obligations and arrangements for the use or generation of energy within an area or with a neighbouring property.”

And finally, tax considerations are always a major part of such deals. “Alongside our own tax lawyers, we sometimes work alongside outside consultants or accountants. They would all come together to talk about how best to structure a deal, taking into account the peculiarities and location of each asset and client,” says Daniel.

‘The soul of the office has changed’

With organisations starting to work from the office again, I asked Daniel about any emerging trends in this space.

“Lots of occupiers are looking to downsize space as they start working on hybrid or hot-desking arrangements. HSBC, for example, is leaving Canary Wharf for a smaller office following the pandemic,” says Daniel. The trend is similar to many City law firms, many of whom are already in the process of moving to smaller bases.

“The trend in central London is that Tuesdays to Thursdays are becoming work from office days. But post-pandemic, the purpose of the office has changed in many ways. It’s no longer just a place of work. People want to interact, experience the culture of the organisation and share ideas. They want the best-in-class assets with shower facilities, air filters and cycling spaces. No one wants old offices with leaky windows. As real estate lawyers, this provides opportunities to help clients in both disposing of old assets and acquiring new, hi-tech properties,” says Daniel.

Environmental, social and governance (ESG) is another underlying theme affecting clients in this area majorly.

“Many purchasers, especially in the office sector, are look for buildings that fit within their own ESG strategy and align with the best-in-class category that many occupiers are demanding. Increasingly there are green provisions in leases and contracts for sale, which ensure that buildings are constructed to high standards and maintain their energy efficiency during operation. Buildings may also have sustainability accreditations like BREEAM and NABERS that property buyers are increasingly interested in,” Daniel tells me.

“On the development side, we try to make sure that ESG criteria are flowing down to the construction contracts of our clients,” he continues. “We are also supporting those clients that want properties equipped with technology such as solar panels or electric vehicle (EV) charging. As lawyers we can lead on innovative and exciting projects that encompass all of these sustainable initiatives and advise our clients on the full lifecycle of these buildings, from acquisition, developing and financing through to operation and disposal.”

‘You can’t join the dots forward’

With application season for training contracts in full swing, Daniel’s advice for junior lawyers is to stay enthusiastic for every opportunity that comes their way. “Be passionate about every experience that you get to be a part of, and take it with an open mind. You might start your training contract in a seat that you absolutely hate at the start but fall in love with by the end of your contract. Who knows what the future holds for you! My advice is to not get too distracted with trying to connect the dots forward and just run with every opportunity you can get.”

Applications for BCLP’s 2024 Spring and Summer Vacation Schemes are open now and close on 14 January 2024

Follow @BCLP_Trainees

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My journey to become an investment management lawyer

The Careers Team — Tue, 26 Sep 2023 09:41:26 +0000

Macfarlanes associate Tiffany Cox discusses her move into law and her work in the firm’s ESG working group

Macfarlanes associate Tiffany Cox

With applications for Macfarlanes’ training contract and vacation scheme programmes now open, Legal Cheek Careers sits down with associate Tiffany Cox to discuss her journey into law and what commercial awareness issues students should keep an eye out for.

Deciding to pursue university education a few years after working a full-time job straight out of school, Cox had an unconventional route to legal practice. She excelled at her LLB at the University of Kent, and went on to complete her training contract at Macfarlanes. Fast-forward to today, and Cox is a founding member of the firm’s ESG (environmental, social, and governance) working group alongside juggling her busy investment funds work.

Can you tell us a bit about your background and your journey leading into law?

I took a slightly longer/less conventional journey into law after leaving college following (terrible results in) my AS levels. At the time, I wasn’t particularly interested in pursuing higher education and instead wanted to start earning money through a full-time job. After working for a few years, I returned to college to complete an Access to Higher Education course. I achieved much better results than a few years prior thanks to my renewed drive to learn. That drive continued during my studies at the University of Kent where I achieved a first-class honours in law (LLB), finishing fifth in my cohort.

After graduating, I worked for a couple of years at a legal directory before coming across Rare Recruitment. Rare supported me throughout the application and assessment process for Macfarlanes and I delightfully accepted a training contract offer starting in 2016.

Why did you want to become a lawyer and, more specifically, work in investment funds?

I wanted to become a lawyer because I enjoy the challenge associated with the technical aspects of legal practice, both navigating complex rules and regulations and framing legal advice in a way that is practical for a particular client. I like that there is always something new to learn, given that the law and market practice are constantly evolving.

I was keen to qualify into our investment management practice because I enjoyed learning about, and working on, fund structures during my training contract. No single fund structure and strategy is exactly the same, and I joined the practice at a particularly exciting juncture in the funds market as the “retail-isation” of private assets was starting to take shape. I could see a huge opportunity to develop and shape my legal career within this practice area.

Macfarlanes Graduate Recruitment

Why did you want to become a lawyer and, more specifically, work in investment funds?

I was keen to qualify into our investment management practice because I enjoyed learning about, and working on fund, structures during my training contract. No single fund structure and strategy is exactly the same, and I joined the practice at a particularly exciting juncture in the funds market as the “retail-isation” of private assets was starting to take shape. I could see a huge opportunity to develop and shape my legal career within this practice area.

Applications for Macfarlanes’ 2024 vacation scheme close on 5 January 2024

What does your typical day tend to look like?

My working day starts on my commute when I catch up on market/regulatory developments, often reading a consultation paper or industry newsletters. I arrive at the office around 9:30am and spend the first 10 minutes catching up with my trainee (we share an office) to agree our priority deliverables for the day.

After checking my emails for anything urgent that’s come in overnight, I’ll start my workday properly. This varies each day, sometimes I’ll be researching an area of law, answering a query from a client, reviewing draft documents prepared by my trainee (e.g. a regulatory disclosure or investor communication) or speaking with clients over a call.

I’ll grab lunch from our office canteen with colleagues (ideally sitting outside on one of our office balconies, weather permitting!) before continuing in the afternoon to complete my deliverables for the day. I aim to leave the office between 6-7pm so that I can grab dinner with my husband and, when I have urgent matters, I’ll sometimes log back in at around 9pm to check on these.

You are a founding member of Macfarlanes’ ESG Group. Can you tell us how the firm has adapted in response to the increasing focus on ESG factors?

The increasing focus on ESG factors by stakeholders and investors, along with the rapidly evolving ESG regulatory landscape, has prompted us to adapt our legal advice across all our practice areas — so that we can deliver integrated ESG advice.

Macfarlanes also provides support to help its people ‘upskill’ in various ESG specialisms. For example, the firm supported me in completing a sustainable finance course at the University of Cambridge so that I could better advise my fund manager clients on developing ESG-related strategies.

Our cross-departmental ESG Working Group is an essential forum to share knowledge in this space and ensure that we’re providing our clients with holistic support and protecting them from a regulatory, commercial, and reputational perspective.

Applications for Macfarlanes’ September 2026 training contract close on 19 July 2024

What are some of the key commercial awareness issues that should be on students’ radars now?

The focus on ESG factors and ensuring an organisation is not ‘greenwashing’ is a key consideration for any business. Every business needs to be mindful to respond to the demands of its investors and/or stakeholders in relation to ESG factors in a way that does not overstate its ESG credentials in practice, given the increased regulatory scrutiny in this area.

The advancement of legal technology is another key issue that should be on students’ radars. Clients are constantly seeking ways to streamline their operations and service provision, and legal advice is no exception. A key feature in our proposals to pitch for new work is the (often bespoke) legal technology that we can offer clients thanks to our lawtech practice.

What advice would you give to future lawyers hoping to follow a similar path to you?

Keep on top of the evolution of the market that you’re interested in by reading industry news and following organisations that are leaders in the space. Succeeding in any practice area requires lawyers to keep on top of the law in practice, as well as what’s written in the rule books.

I’d also recommend taking the time to better understand the firm(s) you are interested in by reading around the graduate/early legal careers section of their website. For example, read articles/blogs published by a firm’s lawyers to learn more about which areas of law their fee-earners are focusing on.

Finally, it’s never too early to pursue opportunities that will make your CV ‘well rounded’. So, apply for relevant work experience, join committees of interest, and pursue hobbies as early as possible.

Finally, what do you enjoy most about working at Macfarlanes?

The culture and people at Macfarlanes are big selling points. I work with a great team of incredibly intelligent, kind and supportive lawyers and business service experts that are a joy to be around. I also enjoy the opportunities presented by the firm and my practice area. The firm provides flexibility and support to design your own career path and, as a result, I’ve been able to develop my expertise and profile more rapidly than I could have anticipated, making a name for myself in certain aspects of my practice area at a relatively early stage in my legal career.

Meet Macfarlanes at Legal Cheek’s Virtual Law Fair on 10 October (2-5pm). Sign up now

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Chasing a training contract? Here are four hot topics you need to know about

Divyansh Sharma — Fri, 16 Jun 2023 11:51:01 +0000

From ChatGPT to the SQE, The University of Law’s Deputy Vice-Chancellor Peter Crisp looks at the major talking points among aspiring lawyers, ahead of next week’s Legal Cheek Summer 2023 Virtual Vacation Scheme and Law Fair

The University of Law Deputy Vice-Chancellor Peter Crisp

As we approach the halfway point of the year, Legal Cheek writer Divyansh Sharma caught up with The University of Law Deputy Vice-Chancellor Peter Crisp, to discuss the issues that have impacted the legal sector so far and what’s to come in the months ahead. Here is his top four list.

1. The SQE

Most aspiring solicitors will now be familiar with the Solicitors Qualifying Exam (SQE), the new two-part assessment to qualify as a solicitor in England and Wales. Next year is “big” for the centralised assessment, according to Crisp, as this is when many law firms start their transition to the SQE. “2024 is the year when the training contract will most likely start to disappear and become Qualifying Work Experience (QWE), a term used to denote the mandatory two-year work experience under the new route,” says Crisp. QWE is more flexible and does not require compulsory experience in areas such as litigation, unlike a traditional training contract.

The University of Law

But with the SQE come new challenges. One of the top ones is preparation to sit and pass the exams is not enough, with law firms requiring future trainees to undertake additional practice area and skills-focused modules and courses so they are practice-ready. In fact, a recent Legal Cheek survey found more than 85% of the law firms surveyed require this from their future trainees. Expanding on these findings, Crisp says: “This is a very strong message from the profession. SQE does not have modules like M&A and banking. This means you would struggle as a trainee in a corporate-heavy law firm.”

Crisp advises students complete additional courses beyond the SQE which can make them more attractive to law firms. He explains: “There are two things to be mindful of as a student seeking to qualify through this route: First is completion of the regulator’s requirements, which include passing the SQE and completing the mandatory QWE. The second is to understand what will make you more attractive to law firms — and this is where students must go beyond the SQE and think about what will prepare them for legal practice.”

2. ChatGPT

Amidst the rhetoric around ChatGPT’s potential to replace lawyers, Crisp remains positive. “The concerns we are raising around ChatGPT today are similar to the ones that were voiced when Google search came about,” he remarks, adding that “human intervention cannot be completely done away with.”

Recently, a lawyer in the US who relied on ChatGPT ended up citing non-existent cases in the courtroom, which Crisp tells me “is a classic example of why human oversight is needed on artificial intelligence (AI) tools”. But given AI’s potential, “we must look to exploit it to enhance the profession, including legal education”, he adds.

That said, Crisp doesn’t completely negate the concerns around common lawyer tasks being replaced by AI. “There is no reason why some legal tasks cannot be undertaken by AI. Flotation, or offering a company’s shares to the public, is a good example. This involves a series of compliance steps that lawyers are required to check. In principle, a lot of this can be done by AI,” he adds.

Find out more about studying for the SQE at The University of Law

3. The future of remote-working

As the profession adjusts to the post-Covid era, law firms are gradually beginning to tweak their remote-working policies in favour of more in-office days. Recently, Skadden mandated its lawyers to work from the office four days a week. This follows similar moves by firms such as Davis Polk in their US office.

According to Crisp, there are a lot of good sides to working from the office, especially for junior lawyers. “As a trainee, you pick up a lot osmotically. You are observing how people behave and react to different situations,” he says, adding that the ‘socialisation’ of a trainee goes missing in work-from-home set-ups. “You can of course easily do lots of work remotely, for example due diligence, and pick up many legal skills remotely. But what you can’t learn is how to interact with clients and behave as a solicitor in the real world.”

More facetime in the office also means you can ask ‘stupid’ questions, Crisp jokes. “It is much easier to get small queries clarified when you are working from the office. You can simply go to a senior and say, ‘This may be a really stupid question but I wondered…’ and that is all it takes!” This isn’t always the same in a virtual set-up as juniors often don’t want to put their small or perceivably ‘stupid’ questions in writing in emails or texts.

4. ESG on the agenda

Environmental, Social and Governance (ESG) is hot on the agenda for law firms and their clients. As businesses seek to improve their ESG credentials, they are asking law firms more detailed questions around areas such as supply chain management, data privacy and green finance. This, of course, also drives ESG commitments within law firms.

According to Crisp, aspiring lawyers must keep up to speed with the latest trends and market movements in this space. “Social responsibility is not just about pro bono and volunteering, but now involves things like climate change and the move towards net zero,” says Crisp. “Anybody going forward in a legal career should be aware of these trends and how they impact law firms.”

Building commercial awareness around up-and-coming areas like ESG is an integral part of becoming a better lawyer. “Ultimately, no client is coming to you because they love the law. They are coming to you because they want to do something, go on a journey, perhaps buy a business or even take a loan. As a lawyer, you must have clarity on your role here, which is to understand their business and help them achieve what they want to achieve,” explains Crisp.

Ahead of his appearance at next week’s Legal Cheek Summer Vacation Scheme and Law Fair, Crisp encourages students to be proactive in their participation and network with firms and lawyers. “Don’t just be a passenger but try to be actively involved. Law firms want to get to know you and what shapes you as a person. Events like these are great opportunities to show your personality and learn more about your potential workplaces.”

Peter Crisp will be speaking at The Legal Cheek Summer 2023 Virtual Vacation Scheme and Law Fair, run in partnership with The University of Law, which takes place next week from Monday 19 June until Friday 23 June. You can apply to attend the scheme, which is free, now.

Find out more about studying for the SQE at The University of Law

Follow @UniversityofLaw

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Greenwashing: the latest fashion sweeping the globe?

Charlotte Cheshire — Mon, 20 Mar 2023 10:53:39 +0000

ULaw graduate and paralegal Charlotte Cheshire investigates fast fashion brands’ ‘green’ claims

Spring/summer 2022 saw green come back in, not just in terms of jeans and accessories but also in terms of consumers becoming more environmentally conscious.

Brands responded to this, purporting to meet various ‘green’ targets and began to lure shoppers in with environmental, social and governance (ESG) campaigns that seemingly showed them as pioneers of environmentally friendly production lines, responsibly sourced fabrics and more relaxed targets and hours for garment-makers. While shoppers may take these slogans and taglines as gospel, competition authorities such as the Competition and Markets Authority (CMA) were not so sure. On 29 July 2022, the CMA launched investigations into three large, high-profile retailers. It is important to note that all three investigations remain open as of the date of publication, with no final decisions or sanctions being imposed yet. As a result, it should not be presumed that any company under investigation has violated any laws pertaining to consumer protection.

After the CMA announced their ongoing investigations, the term ‘greenwashing’ entered the mainstream. Fundamentally, the CMA champions the premise that consumers deserve to know where they are buying from. The Consumer Protection from Unfair Trading Regulations 2008 is the primary consumer protection law that applies to the CMA’s Green Claims Code. A general restriction against unfair business practices is found in the CPRs, as well as particular prohibitions against deceptive conduct and omissions reporting.

So, what characterises fast-fashion products and what are the environmental implications of their production? Fast fashion items are characterised by rapid turnover times, where celebrities’ styles and designer clothes are replicated in a matter of weeks or even days. According to a Business Insider investigation, fashion production produces 10% of all global carbon emissions, which is more than the European Union. Additionally, 85% of all textiles end up in landfills each year, water sources are dehydrated, and rivers and streams become polluted.

The increasing data available relating to the impact of the fast fashion industry culminated in the CMA beginning an investigation in January 2022 into the industry, where consumers spend an estimated £54 billion annually. They immediately identified issues with potentially deceptive green claims. These included several businesses giving the impression that their goods were “sustainable” or better for the environment, such as by making generalisations about the use of recycled materials in new clothing, with little to no details about the foundation for those assertions or precisely which products they related to.

Sarah Cardell, the interim chief executive of the CMA, has stated that: “People who want to ‘buy green’ should be able to do so confident that they aren’t being misled. Eco-friendly and sustainable products can play a role in tackling climate change, but only if they are genuine.” With this in mind, the CMA wants to identify whether the wording of campaigns used by the brands being investigated are too vague and if the business criteria developed to decide which products to include in these collections are lower than consumers might expect. It has been identified, for example, that some garments featured within such collections contain as little as 20% recycled materials. There are also concerns about the robustness of their fabric accreditation schemes and how their more ‘green’ collections sit within their broader business model and production processes.

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Staying within but also looking beyond the UK, the fast fashion industry is coming under further scrutiny by key stakeholders, no matter the extent of their greenwashing. Recently, there has been a large amount of media attention surrounding the fast fashion brand Shein. Originating as SheInside.com, the relatively young brand now has a $100 billion valuation. However, it has been subject to negative press surrounding working conditions, with a BBC report exposing “enormous pressure” on workers to produce garments quickly across long hours. Near-identical items are listed on their app at a fraction of their competitors’ prices, with designs matching other leading brands. With 5,000 products appearing on their site daily, global attitudes towards fast fashion have seen a growing shift from capitalist consumerism to social responsibility. This is significant because if demand decreases, so will investment, with global markets fluctuating with shoppers’ changing motivations. Nevertheless, large investors have financially contributed to Shein’s success. In preparing to make initial public offerings in the US as early as 2024, the brand has recognised the importance of improving its ESG factors.

As per a 2022 Channel 4 documentary ‘Untold: Inside the Shein Machine’, whilst policies are supposedly in place with contracted factories, their implementation reportedly falls short of being in practice. The documentary showcased workers allegedly having to meet garment targets, with the expectation that they would work until they met this, even though it would often take them several more hours than those stipulated in their contract. Undercover workers were also apparently told that should any garments fail quality testing, their pay would be docked on a per-garment basis.

For companies to succeed in public offerings in the US, they need to ensure proper working conditions and respond to a more consciously-minded consumer. Future exponential growth will rely on transparency in supply chains and respond to chances to partner with more sustainable brands. Failing to engage with opportunities to make packaging eco-friendly or use renewable energy, for example, could result in poor financial performance for some stakeholders and the loss of others for brands.

In response to the documentary Shein defended its “on-demand production model”, stating that unlike the wider retail industry who average 25%-40% unsold inventory, they have reduced theirs down to a “single digit” percentage. Shein also advised that they “engage industry leading third-party agencies… to conduct regular audits” and sever business relations with factories who do not “remediate… violations… [within] a specific time-frame”.

Shein’s full statement in response to Channel 4’s documentary was as follows: “Shein’s business model is built on the premise of reduced production waste and on-demand production… The average unsold inventory level of the industry is between 25%-40%, whereas Shein has reduced it to a single digit.”

Specifically on the matter of working hours they said, “Shein is absolutely committed to empowering our ecosystem partners… which includes our Supplier Code of Conduct that complies with the core conventions of the International Labour Organisation. Shein engages industry leading third-party agencies… to conduct regular audits of supplier’s industries to ensure compliance. Suppliers are given a specific timeframe in which to remediate the violations, failing which, Shein takes immediate action against the supplier, including terminating the partnership.”

When it came to claims of design theft by independent designers in the documentary, they said, “When legitimate complaints are raised by valid IP rights holders, Shein promptly addresses the situation.”

Whilst Shein clearly has policies coming from those in its head office, unless these are actioned, its business model that theoretically “empower[s]… ecosystem partners” falls short of increasing ESG scrutiny.

To conclude, there is increasing pressure on fast fashion brands to advertise any green claims honestly and transparently. With greenwashing becoming an area that the CMA is swiftly cracking down on and consumers increasingly becoming aware of how the clothes they buy may have been manufactured, there is hope that fast fashion brands will innovate. There is increasing recognition among those dominating the industry that they must lessen their environmental and social shortcomings so that any claims by them are evidenced.

Charlotte Cheshire is a recent LPC and LLM graduate from The University of Law, having completed her undergraduate degree in law from Newcastle University. She now works as a mergers and acquisitions paralegal at KPMG UK in their northern deal advisory team.

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How ESG is shaking things up at law firms

Divyansh Sharma — Wed, 25 Jan 2023 10:26:22 +0000

Hill Dickinson partners explain how the heightened focus on environmental, social and governance is changing their work

The heightened focus of environmental, social and governance (ESG) across all sectors presents unique opportunities for lawyers. At this month’s virtual student event, ‘How law firms help businesses operate ethically’, a trio of partners from Hill Dickinson shared their experience of providing legal advice to help clients meet their ESG goals. Here are the highlights.

The speakers

• Helen Penfold, partner in the banking and finance team
• Beth Bradley, commercial dispute resolution partner in the shipping team
• Jamie Foster, commercial partner specialising in the health and life sciences sectors

The push towards decarbonisation and net zero

Cutting down carbon emissions is hot on the agenda across all commercial sectors. Lawyers on the panel shared what this means for their respective practice areas of finance, shipping and healthcare.

From a banking and finance perspective, net zero targets are quickly making way for new financing structures. According to banking partner Helen Penfold, ‘transition finance’ presents a particularly lucrative opportunity. “The basis of transition finance is to provide funding to highly carbonised companies to assist them in their decarbonisation journey,” she told the virtual audience of nearly 400 students. Conscious of how their financing is used, banks have also started offering loans linked to the sustainability targets of the borrowers. Expanding on the concept, Penfold said: “Businesses are increasingly opting for sustainability-linked loans as it shows their investors that they value their ESG commitments.”

Meanwhile, shipping lawyers are busy tackling different types of challenges. “Maritime’s biggest problem is the fuel that is used on ships,” said shipping partner Beth Bradley. Lawyers in this area are looking to help ship owners reach net zero quickly. But replacing fuels, of course, presents the challenge of finding an alternative. “There isn’t, at the moment, a set of alternative fuels that the industry can use to permit supply chains to function and move the goods around for us”, explained Bradley.

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Sectors like healthcare are relying on digital solutions to reduce carbon emissions. Health and life sciences partner Jamie Foster said that ‘telemedicine’ (the remote diagnosis and treatment of partients by means of technology) is helping the sector move towards net zero. “There are estimates to show that 3.5% of all car journeys in the UK are people going to and from hospital appointments,” he added. “Cutting down this travel is going to make a massive difference.”

The social side of ESG

Black Lives Matter and other human rights movements have made big waves in the business world. The panel shared that a focus on the ‘Social’ aspect of ESG has driven law firms to change their internal policies.

“There is a real move in our equality, diversity and inclusion [EDI] agenda within Hill Dickinson,” said Penfold. “I am a part of our gender group where we meet quarterly and discuss things like maternity, paternity, and menopause. We are also rolling out training related to these EDI themes to our various managers.”

The social mobility group at Hill Dickinson is busy too. “We run an outreach programme with local schools around our offices across the UK,” continued Penfold. “We participate in various talks, mock interviews and careers fairs to help these students apply for our programmes.”

Governance and the role of lawyers

Governance forms an important pillar of ESG; this is particularly relevant as businesses prepare themselves to weather any future crises like the coronavirus pandemic. One area to demonstrate resilience is supply chain management.

“Keeping supply chains running was a key challenge during the pandemic,” said Bradley. “Maintaining supplies in such circumstances has helped businesses develop a lot of resilience. A lot of best practices have also been locked in at this time.”

Top careers tips for students

With Hill Dickinson’s training contract application deadline approaching at the end of the month, the panel shared their top tips to help students shine in the process. Penfold said that it is important for students to have a really clear idea of the firm(s) they apply to, and why they are making an application. Bradley added that proof-reading one’s answers is crucial as it helps demonstrate attention to detail.

For those interested in all-things ESG, the panel advised keeping up-to-date with current trends and debates through websites such as The Chancery Lane Project and the Loan Market Association (LMA). Law firm publications such as Hill Dickinson Insights are also helpful tools for learning about these issues, the panel agreed.

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5 things we learned about life at a global law firm

Divyansh Sharma — Wed, 02 Nov 2022 10:42:30 +0000

A panel of lawyers from White & Case discuss the realities of working on high-value, cross-border deals

‘What does the life of a lawyer at a global law firm look like?’ is a question often asked by students seeking to enter the profession. At Legal Cheek’s recent virtual student event, ‘An international case explained’, lawyers from White & Case came together to discuss how they work with clients and colleagues across the world to deliver high-quality legal advice.

The speakers

• Victoria Burton, partner in the commercial litigation team
• Julia Ogievetsky, senior associate in the commercial litigation team
• Elizabeth Hanson, trainee solicitor in the commercial litigation team

1. Challenging yet exciting work

Working with colleagues from different practice areas and countries can come with its unique set of challenges, said Julia Ogievetsky, senior associate in White & Case’s commercial litigation team. Managing various stakeholders is a big part of her job and international lawyers need to be sensitive with respect to, for example, what kind of things can be discussed on which email threads. “I’ve even had eight different email chains for one single mark-up of a document,” she explained. “It is about being sensitive to the interests of all stakeholders. It’s a really fun task though and always satisfying when the case goes smoothly.”

White & Case LLP

Managing the client through a case poses another great challenge, according to Victoria Burton, a partner in the firm’s commercial litigation team. “Keeping the client with you emotionally throughout the process requires you to explain at the beginning that it might be a bumpy ride,” she said. This is particularly a challenge for clients who do not have a lot of legal experience. “For a client who’s never been involved in litigation before, being served with a big application can put them under a lot of pressure. It is important to make sure the client is happy so that they are able to input effectively throughout the litigation process,” Burton told the virtual audience of over 500 students.

2. Rising use of tech in cross-border work

Lawyers at global law firms such as White & Case often work with colleagues in different time zones. “I did a restructuring matter last year which involved more than 20 of our offices,” recalled Burton. “Being able to speak to people effectively through technology is truly a godsend! Sitting in the UK, I have ended up on group calls with people who are in L.A. and in Australia. Tech has made that possible.”

Applications for White & Case's Spring and Summer Vacation Schemes are now open and close on 15 January 2023

The importance of technology is even more pronounced in areas like litigation. One important stage is disclosure, where a party is required to furnish its relevant documents to its opponent. Burton said, “in the last ten years, there have been huge leaps and bounds in how tech can assist in disclosure. In big litigations, it’s not uncommon for there to be millions of documents to be reviewed.”

Machine learning has proved a game-changer in her practice. With lawyers doing the initial review, the system learns what’s relevant in a document and begins to identify themes. This saves a significant amount of time and allows the lawyers to focus on delivering high-quality legal advice. Burton said that this is a welcome shift for clients too, as disclosure typically used to be a very expensive stage in the process due to the hours and staff involved.

3. Collaborating with colleagues from around the world

Working at a firm like White & Case offers the invaluable opportunity of working with colleagues from over 30 countries. Elizabeth Hanson, a trainee solicitor in the commercial litigation team, said the firm offers many international opportunities to its trainees, including a guaranteed international secondment.

Adding to this, Ogievetsky said that the firm’s vast global presence has proved very helpful in facilitating a seamless client service. “I was working on an arbitration which involved an element of Spanish law,” Ogievetsky said. “Rather than finding external Spanish counsel, we simply engaged our colleagues in Madrid. At White & Case, you can do that with most jurisdictions you can think of.”

4. Impact of ESG

The rise of environmental, social and governance (‘ESG’) aspects in the commercial world means that the work of lawyers is changing. Quoting from a paper published by the London School of Economics, Burton said that the cumulative total of climate-related claims doubled between 2015 and 2021.

Apart from representing parties in such cases, lawyers are increasingly focusing on prevention, or helping their clients before claims are even brought. Burton remarked that this includes encouraging clients to develop robust strategies to guard against potential claims by, for example, checking their policies and figuring out areas where they might be exposed to claims. She added: “If there are issues that can be corrected before somebody picks up on them and brings a mass claim, it is going to save the client a lot of time and a lot of money.”

Equally, lawyers and law firms are expected to develop their own ESG credentials as well. This means many aspects of the big law lifestyle are being rethought, for example, business travel. “There is certainly great scrutiny now on whether or not we need to travel internationally for meetings,” remarked Burton. “Often an issue can be discussed via a video call rather than spending hours travelling.”

5. Developing commercial awareness on the job

While admittedly an elusive term, the role of commercial awareness cannot be overstated in the life of an international lawyer. Drawing on its importance, Ogievetsky said, “it is anything that affects your client’s or prospective client’s business. You can build it reading e.g. the Financial Times or even whilst using Twitter if you’re going to the right news sources.”

According to Burton, it is important to put yourself in your client’s shoes at each step, especially as a junior lawyer. “Think about what the clients are trying to achieve and what their objectives may be,” she said. “Go and speak to your supervisor about what’s driving the client. Over time, it will simply become second nature.”

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Meet the sustainability manager helping one global law firm go green

Emily Hinkley — Thu, 13 Oct 2022 09:25:42 +0000

Bird & Bird’s Lauren Nethercleft on her newly created role of sustainability manager and the firm’s drive to meet their net zero ambitions

Lauren Nethercleft, sustainability manager at Bird & Bird

Lauren Nethercleft, sustainability manager at Bird & Bird, has her work cut out. The firm has committed to setting science-based net zero targets to halve emissions by 2030, and she is determined to deliver.

In the last few years, sustainable practices have been flourishing in the legal sector, with firms establishing new roles like sustainability managers in the understanding that not only is strong environmental stewardship the right thing to do, but it is key to business success. “There is demand across the board, to be honest”, Nethercleft explains when asked where this drive for sustainability is coming from, “employees want to work for an organisation that shares their values, and clients are asking us all the time what we’re doing on this front. In the last few years, we’ve seen clients asking more about sustainability and expecting to see meaningful climate commitments from the law firms they work with.”

Bird & Bird signed up to the Science-Based Targets Initiative (SBTi) in January 2022. The initiative sets the level of ambition for businesses to decarbonise at a rate sufficient to limit global warming to 1.5°C compared to pre-industrial levels, in line with the goals of the Paris Agreement. “What we’re doing at the moment,” she explains, “is pooling existing pockets of data around the firm to give us a global emissions baseline so that we can identify hotspots across our business and supply chain and then take action to reduce.” This measurement will allow them to pursue ambitious reduction targets of 50% by 2030 and 90-95% by 2050. “Our lawyers are also advising clients across a huge range of ESG [Environmental, Social and Governance] issues, and it’s exciting to see this area of work really taking off,” she adds.

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Not long after she graduated from her law degree Nethercleft realised that she wanted to pursue something broader and was intrigued by corporate social responsibility. “I was really taken by the potential impacts that businesses could have in terms of negative environmental and social impacts, and also the potential that they have to make really good positive contributions”, she says, adding: “that’s what led me to the area I am in now.” Nethercleft’s career in corporate social responsibility has seen her working on social and environmental issues at firms such as Lewis Silkin and Hogan Lovells before her move to Bird & Bird this year. Her new role is dedicated solely to environmental sustainability and is a strong sign of the firm’s commitment to meeting its green targets. “The firm created my role to help deliver on their commitment to sustainability”, she explains, “we’re at a really important stage in that journey.”

Despite only being with the firm two months, Nethercleft has big plans to push the firm’s sustainability agenda. However, she is also keen to emphasise the work that is already being done towards these goals. “There’s a lot of work happening within our London office to make the building more sustainable,” she says. “We’ve done things like switching to LED lighting and using data and analytics to find opportunities to reduce heating and air conditioning.” Perhaps the most novel of these initiatives is their drive to reduce food waste. “In the London office the grounds from our coffee machines are recycled to make brownies,” she says. “Which are delicious!”

Throughout the conversation, Nethercleft’s enthusiasm for her work is evident, and this energy seems well placed amongst the innovative culture at Bird & Bird. “I really enjoy the strategic side of my work”, she says, “it’s really exciting to take ambitious goals like reducing emissions by 90-95% and think about how to align and integrate that with what we’re doing as a business.”

What advice would she give to students interested in law and sustainability? “More and more we’re seeing that sustainability is becoming an integral part of what it means to be a lawyer,” she says. “In every practice area, every sector, there will be an environmental impact. So, my advice is to be aware that whatever kind of law you’re doing, sustainability is going to be a part of it and take an active role in upskilling and driving positive change.”

Nethercleft’s own engagement with environmental issues started early, when she occupied the position of Economic Sustainability Officer of a student network during her law degree. “It’s about being engaged and proactive”, she says, “make sure you’re going to be able to demonstrate your passion through activities like volunteer work, reading, or whatever you find interesting. It always helps with applications further down the line!”

Bird & Bird is known for its emphasis on innovation and technology and this was clearly part of what drew Nethercleft to the firm. “I love the commitment to sustainability, the passion and engagement are incredible”, she says, “there’s so much potential here to make a really important, relevant contribution through our work. I think it’s exciting to be a part of that because the scale and the pace of change required is unprecedented, so innovation is absolutely key.”

Lauren Nethercleft will be speaking at ‘Pillars of Sustainability — with Bird & Bird’, a virtual student event taking place on Tuesday 18 October. You can apply to attend the event, which is free, now.

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What went down at the Clifford Chance x Legal Cheek ESG event

William Holmes — Thu, 22 Sep 2022 09:29:43 +0000

Lucy Sallows takes to TikTok to share her experience of attending our first hybrid student event

Lucy Sallows (@legallylucy) is a future trainee at the Magic Circle law firm Clifford Chance

At Legal Cheek’s recent hybrid event, where students could attend both in-person and virtually, a panel of lawyers working in Clifford Chance’s environmental, social and governance (ESG) team gave attendees an insight into the deals and projects that they have been working on.

Clifford Chance Graduates UK

Clifford Chance partner Clare Burgess led the discussion which spanned nuclear power plants, carbon markets, human rights and greenwashing. Then, after the presentation, both virtual and in-person attendees has the opportunity to ask panel members any questions they had before heading off into a networking session with the firm’s trainees, lawyers and graduate recruitment team.

The speakers

• Clare Burgess, partner
• Kirsty Souter, senior associate
• Alexandra Blake, senior associate
• Lucy Roberts, associate
• Prakruthi Gowda, senior associate
• Anna Kirkpatrick, senior associate
• Carla Lewis, senior associate

In this TikTok, future Clifford Chance trainee Lucy Sallows (@legallylucy) provides a brief overview of the event and picks out some of the key commercial awareness points.

@legallylucy

i went to the legal cheek x clifford chance talk and here are my commerical awareness takeaways! (ad)

♬ original sound – LegallyLucy | law & uni

Clifford Chance itself has implemented an active Climate Change policy which steers its business away from working on new client matters where there is potential for material and adverse impact on climate change. The firm, which is subscribed to the Net Zero Lawyers Alliance’s commitment and the “Race to Zero” action plan, ensures its commitment to net zero 2030 has been verified by the Science Based Targets initiative (SBTi).

The application deadline for Clifford Chance’s 2025 & February 2026 Training Contract is 8 December 2022

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What does ESG mean for disputes lawyers?

Divyansh Sharma — Wed, 07 Sep 2022 08:09:23 +0000

Carla Lewis, senior associate in arbitration, economic sanctions and public international law at Clifford Chance, reveals how the growing awareness of environment, social and governance principles (ESG) is changing her work as a disputes lawyer

“Clients have a growing awareness of climate change on both a human and business level,” says Carla Lewis, senior associate at Clifford Chance. “Everyone appreciates that not doing anything affects the sustainability of businesses in the long run.”

The rise of environmental, social and governance principles (ESG) has provided new opportunities and challenges for lawyers. As the litigation associate lead of Clifford Chance’s climate change risk team, Lewis tells Legal Cheek that her work includes both contentious work on ongoing disputes and advisory work related to ESG. A lot of this work also involves ESG risk management for clients, who include a mix of banks and corporates.

“Clients increasingly want risk management advice when they are introducing net zero policies, for example,” she says. Lewis tells us, “Climate-related risk management work is not simply limited to big carbon majors. Banks and financial institutions are also increasingly aware of ESG concerns when deciding where and how to invest their money.”

Broadening types of claims

ESG is becoming a broad area of practice. According to Lewis, climate change disputes are no longer as simplistic as ‘I pollute therefore I am at risk’. There are a growing number of greenwashing claims as well. “With the rise in ESG, corporates are looking to advertise themselves as green companies. This could potentially involve claims if proven untrue.”

“You can’t simply shut down a power plant, for example, without considering the impact this might have on communities. The shift to a green economy is quite nuanced.”

In future, ESG risk management lawyers are likely to find themselves busy with increasingly interesting and nuanced categories of such claims. Lewis gives an example: “We have recently also heard of a case where a company went against a competitor, claiming that greenwashing had given the defendant a competitive advantage.”

Lewis says there are a number of ways in which environmental issues can permeate business. For example, private equity is another sector where clients are becoming more conscious of their environmental impact. “Investment funds are caring about whether their portfolios are green, and not just because that is where their investors want them to be investing,” says Lewis. As with greenwashing, a lot of this involves ESG-related risk management too.

“Lawyers of today often need to understand the science behind things, which will help them appreciate the risks their clients are facing. Understanding and applying know-how in new contexts would be a vital skill in the coming years.”

Lewis is keen to flag that clients understand there is an intersectionality within the three prongs of ESG itself. This means companies are thinking, for example, about the social and community implications of their environmental actions. “There has recently been a massive focus on ensuring a just transition,” she says. “You can’t simply shut down a power plant, for example, without considering the impact this might have on communities. The shift to a green economy is quite nuanced.”

The contentious side of ESG can be challenging, partly because law-making is not moving as quickly as some stakeholders would like. “Quite often, activism is moving faster than the laws,” says Lewis. “People are therefore bringing cases under existing laws but in new contexts.” This means lawyers need to be at the top of their game. “Lawyers of today often need to understand the science behind things, which will help them appreciate the risks their clients are facing. Understanding and applying know-how in new contexts would be a vital skill in the coming years.”

Pro bono & international

Being an ESG lawyer can often present exciting pro bono opportunities as well. Lewis talks to us about her work on Clifford Chance’s largest ever pro bono project for the UN Special Rapporteur on human rights and the environment, which involved conducting a survey on the recognition of the right to a healthy environment in the domestic laws of all 193 UN Member States.

Being the lead associate on the project meant she had overall responsibility for managing the project – allocating jurisdictions to her colleagues, reviewing research, overseeing and managing associates and feeding back any lessons learned. The project speaks to the truly international nature of working at a big city firm, Lewis says. “It involved 27 of our offices globally and we together reached out to more than 100 local law firms, all of whom contributed their time and expertise on a pro bono basis. It was an organisational beast and involved very interesting substantive research.”

Adding to this, she explains that liaising with so many local counsels internationally gave her some valuable perspective. “We were working with lawyers in countries such as Afghanistan and Libya, for example, who had to contend with access to local libraries being restricted. The team from the Bahamas survived hurricane Irma”. Lewis tells us that learning stories of the challenges other lawyers face around the world simply to do their work “readjusts one’s sense of reality”.

Having previously worked and studied across a number of countries, including Singapore and Dubai, she is quite excited when asked about the importance of travel to a legal career. “Working in different countries challenges groupthink and makes you realise that there are various ways of doing things. This is immensely helpful in refining one’s analytical skills and problem solving.” Joining in from Italy, from where she has been working virtually for more than a month, thanks to Clifford Chance’s remote work policy, she tells us, “working within other jurisdictions puts things in perspective, whilst also helping to build some amazing networks which can help you throughout your career”.

Advice on CC training contracts

Ahead of Clifford Chance training contract applications, Lewis advises students to be open-minded about their careers. “Don’t go into your training contract with a preconceived notion of where you’d like to qualify. The training contract is a brilliant opportunity to understand which area excites you the most.”

Carla Lewis will be speaking at ‘ESG explored: Inside the deals — with Clifford Chance’, a hybrid student event taking place this Wednesday (7 September). You can still apply to attend the virtual stream of the event, which is free, now.

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Sustainability and what it means to law firms

Divyansh Sharma — Thu, 25 Aug 2022 11:51:54 +0000

Legal Cheek Careers sits down with Mills & Reeve sustainability manager Jessica Wilkes-Ball to discuss the rise of ESG up the corporate agenda

“When I found out I was going to be a mum, I decided that I wanted to make the world a better place,” says Mills & Reeve sustainability manager Jessica Wilkes-Ball. “It is then I realised that pursuing ESG was my calling.”

Wilkes-Ball joined the firm’s Environmental Social and Governance (ESG) management team in January this year, having previously spent nine years working in Corporate Social Responsibility (CSR) for a professional services firm. Realising that CSR was rapidly aligning with ESG, moving into this space was “a natural crossover” for her.

The work is far ranging and varied, according to Wilkes-Ball. One day she can find herself analysing spreadsheets relating to the firm’s carbon emissions, while the next she might be supporting colleagues with diversity and inclusion related activities to ensure the firm attracts and supports the very best legal talent, whilst simultaneously aligning with the firm’s wider ESG strategic aims.

Mills & Reeve sustainability manager Jessica Wilkes-Ball

ESG has quickly risen to the top of law firms’ agendas — and at Mills & Reeve it’s no different. This development is in part due to the increasing regulatory scrutiny on law firms, such as the upcoming reporting requirements for climate-related financial disclosure regulations. “Financial services firms are much further on their sustainability journeys compared to law firms,” Wilkes-Ball tells Legal Cheek Careers. “But since law firms are to be classed as large businesses, they need to be putting in place the right foundations to prepare for new sustainability-related regulations.” To win work from environmentally conscious clients, a law firm has to have real, achievable sustainability targets based on scientific analysis.

The wide scope of ESG means law firms have plenty to do. Business travel is another hot topic, according to Wilkes-Ball, who says:

“I don’t want people to stop traveling. I just want them to make better choices. If you’re going to see a client abroad, then try to club four or five meetings together. Also ask yourself, ‘Is this what the client really wants or would a virtual call work just as well?’.”

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Wilkes-Ball stresses that lawyers must also explore alternative options of daily commuting, such as Liftshare (the UK’s largest car sharing networking) and cycle-to-work schemes. A big part of her job is to take note of the “granular data” and being mindful about opportunities to save energy while also reducing costs.

It is an exciting time for Mills & Reeve on this front. “We have been around since 1880 and we have advised clients on all kinds of issues,” she says, “but this is the first time that we have turned the lens internally”. Things are moving quite quickly too. The firm, like many others, has committed to be net zero by 2050 and is following science based targets. They have also made some low-level changes, such as replacing single use coffee cups and working with Mobility Ways to promote sustainable travel choices among employees. There is support in the form of Neil Pearson, partner and head of ESG and Social Value, who helps identify, implement and measure metrics to assess and improve the firm’s ESG performance.

With the pace of change being so rapid and ESG becoming front and centre for law firms, this can only open up more lucrative opportunities for lawyers across a wider range of practice groups.

Changing ESG frameworks mean clients want advice on new ways of doing things, especially in areas such as construction, real estate and food and agribusiness. It is always a good idea to get a good grasp on your basics or “get geared up with the lingo”, as Wilkes-Ball puts it. Watching YouTube, reading sustainability reports of firms and listening to the new Mills & Reeve Talking ESG podcast (see embed below) are all good ways of doing this. “When you’re talking to the client, add that value. This is what will differentiate you in the profession,” she explains.

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A post shared by Mills & Reeve (@millsreeve)

“There’s a lot you can do as a trainee too,” according to Wilkes-Ball. “There are opportunities to get involved with the firm’s innovation teams and there are so many avenues to change your career trajectory within the firm,” she tells us. “Law isn’t just about advising on the law.”

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The changing legal landscape: How will it affect aspiring lawyers?

Sarah Brown — Fri, 01 Jul 2022 10:30:19 +0000

Former barrister turned ULaw Deputy Vice-Chancellor Law, Professor Peter Crisp, looks at some of the key issues impacting those seeking to enter the legal profession, ahead of next week’s Legal Cheek-ULaw Summer Virtual Vacation Scheme

ULaw Deputy Vice-Chancellor Law, Professor Peter Crisp

Ahead of next week’s Legal Cheek Summer 2022 Virtual Vacation Scheme, we sat down with The University of Law’s Deputy Vice-Chancellor Law, Professor Peter Crisp, to discuss the changing legal landscape and what advice he would give to those seeking their dream job.

The former barrister has seen many changes over the years. “When I studied law, we were very much on our own — left to our own devices,” says Crisp. “Here and now, it’s so important to empower the students with the extra skills, boosting their employability, making them well rounded future lawyers who can make a difference to a team from day one — hit the ground running.”

The University of Law

Legal life post-pandemic

ULaw kept its campuses open as much as possible during the pandemic. Everything is now “back to normal,” says Crisp. “Most students prefer to come in and be social.” The campuses opened fully again in September 2020. “We’ve been preparing students to be work ready for 2022 roles.”

And the outlook? Have the last two years led to market instability and uncertainty? Crisp says not; “The good news is there are lots of training contracts available — for aspiring solicitors the outlook is better than ever. We are under lawyered in the UK now.”

What about remuneration? “Even better,” Crisp tells us. “By paying NQ’s £150,000, the top corporate firms are dragging pay scales up. Regional firms are starting to compete to attract and retain the best.”

The bar has always been competitive and, Crisp explains, is becoming even more specialised. According to Bar Council figures, 3,301 candidates applied for just 246 positions via the pupillage gateway in 2021. “The vast majority of our students go on to be solicitors,” Crisp says. “The bar has shrunk, and chambers have changed and are now largely mini corporates, with CEO’s and marketing directors looking after 150 + members. But it’s a great profession and the bar course is still very popular — especially with international students.”

The recruitment process is still partially online, says Crisp. “Some firms have gone back to getting people into assessment centres and I think that is the preferred option for applicants too. But everyone’s become used to doing things remotely, and there are environmental reasons why this is still a good idea.”

There are other positive changes. In the recent past there was little point applying to the US firms or the magic circle if you hadn’t been to one of the top five Russell Group universities and graduated with a first. “This is not the case now. Even the biggest law firms have a far more diverse recruitment pool,” he explains.

Law firms are becoming far more flexible and conscious of lifestyle requirements and employee well-being. The former barrister has noticed a seismic change: “The profession is making strides — the covid pandemic has pushed it on. Appreciation for pastoral and professional support of the next generation has been remarkable over the last two years.”

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New opportunities

New opportunities emerge. Tech space, social media, data protection and climate issues are the new buzz words. How do we keep up? Stand out in applications and at interviews?

“Traditional areas remain strong — corporate roles as well as more high street roles that have more social impact — immigration and family for example,” Crisp explains. “But there is no doubt that every future lawyer will need a grasp of these emerging specialisms.”

Can a computer draft a contract? “Well, yes — but at what stage do you need a lawyer to get involved?”

Students need to make sure they get involved with extracurricular events such The Legal Cheek Summer 2022 Virtual Vacation Scheme. “They need to demonstrate an understanding that technology is empowering lawyers to deliver their services to their clients more efficiently helping them manage risk and so on,” the former barrister tells us.

Environmental Social Governance (ESG) factors have fast risen to the top of the board agenda, with firms and organisations increasingly aware that a failure to address them can be detrimental to their businesses, both financially and reputationally. Specialist media sources report that an estimated $120 billion (£99 billion) is being poured into sustainable investments alone. Crisp agrees it’s at the top of the agenda with law firms, and a practice area in itself.

He continues:

“It’s centre stage. Law firms are keen to be seen to be giving something back. Laura Yeates at Clifford Chance has set up a sustainable recruitment alliance which is a kind of charter to recruit more sustainably, and the many firms have signed up. The idea is to recruit without tons of merchandise and bits of paper, exploiting online if possible. Applicants and interviewees should be aware of ESG, understand what it stands for and why it’s important.”

Commercial awareness

Commercial awareness is drummed into ULaw students from the get-go. “We have a commercial awareness competition — students become mini-entrepreneurs and have to do a presentation,” Crisp explains. “Getting them excited about it is important because a law firm needs to be profitable at the end of the day. Most of the clients are businesses who are not particularly interested in the law — they want to know how their lawyer can help them achieve something or be advised on risk of doing something else.”

Future lawyers also need to know that they will usually be part of a wider team, not only of other lawyers but accountants, barristers, other experts, says Crisp. “Applicants need to be aware of how the complete service to the client fits together.”

The winning formula

The outlook is far from bleak for law students. Crisp says “there are huge opportunities for future lawyers. Student applicants need to be focussed but flexible. Be authentic. Identify their skill set. Demonstrate their passion for the profession. Ask themselves: What kind of atmosphere do I want to work in? A big corporate firm is not for everyone: some prefer smaller niche firms with a more human face and lots of private client work. It’s never impossible to change lanes (firms and specialisms) down the line, but with student debt to factor in it’s a good idea to try and get it right in the first place.”

Peter Crisp will be speaking at The Legal Cheek Summer 2022 Virtual Vacation Scheme, run in partnership with The University of Law, which takes place next week from Monday 4 July until Friday 8 July. You can apply to attend the scheme, which is free, now.

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Squires to give 75% of internships and work experience places to disadvantaged students as part of new ESG strategy

Thomas Connelly — Tue, 28 Jun 2022 08:28:46 +0000

Doesn’t include vac schemes

Squire Patton Boggs (SPB) has unveiled a new Environmental, Social and Governance (ESG) strategy, which includes a commitment to give 75% of its UK internship and work experience opportunities to students from disadvantaged backgrounds.

The international firm says it will continue to use Rare’s contextual recruitment system and work with social mobility organisations including the Sutton Trust, in order to prioritise the right candidates and track progress on the new commitment.

The 75% goal does not extend to vacation scheme places, SPB confirmed to Legal Cheek.

Further commitments under the ESG strategy include a 50% incremental increase in pro bono work year on year, a 70% reduction in emission by 2030 with a view to achieving net zero status by 2035, as well as a renewed pledge to hit a series of diversity targets the firm set out in April 2021. This includes the aim of having 25% females partners in the UK by 2026, and 16% ethnic minority representation across the firm by 2026.

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Commenting on the new strategy, the firm’s ESG manager, Dr Thomas Hancocks, said: “This strategy represents our commitment to embed ESG by driving measurable change within our firm, and also to benefit the communities and clients we serve.”

“The strategy aligns with our DEI, charitable and social mobility initiatives. It also builds upon our work with specialist organisations, such as the Legal Sustainability Alliance, Science-Based Targets initiative and Social Mobility Foundation amongst others, helping us set priorities, develop our goals and, importantly, to record and report our progress.”

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Top lawyers give the lowdown on what ESG really means

Elizabeth Davidson — Wed, 22 Jun 2022 11:30:27 +0000

A panel of experts discuss the role of law firms in driving environmental, social and governance goals

“Is it better to have a coal-powered hospital or low energy and no hospital at all? When embarking on getting the environment right, there is a risk of getting social wrong. For example, if you shut down a coal mine you may abandon an entire community with no other skills, occupation or source of income.”

These examples, given by Clifford Chance ESG litigation and advisory associate David Alfrey, illustrate the concept of “just transition” when economies shift to sustainable production, and the difficulty of balancing the three elements of ESG (environment, social and governance).

ESG — a fascinating issue with many conflicts and no easy answers — has risen to the top of the agenda at businesses and law firms. But which of the three elements is the most important, how do they relate to each other and how can graduates best demonstrate their awareness at interview? These are some of the questions asked of a five-lawyer Legal Cheek virtual panel earlier this month, with some fascinating insights gleaned as a result.

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First, why has ESG gained so much prominence? According to Hogan Lovells white collar crime associate Rufus Dobson, law firms and their clients actively want to make a difference to the problems posed by ESG risks; the climate crisis is now impossible to ignore and the next generation of lawyers and business-people place high importance on law firms that demonstrate they value ESG. A more hard-nosed explanation, Dobson said, is “fundamentally, there’s a lot of work in it. Large businesses are willing to engage professional advisers to mitigate the risks that are presented by increasingly prevalent and strict ESG related laws and regulations, and the significant financial penalties imposed for non-compliance. Firms will advise clients on the issues that they’re facing, and in 2022, these are increasingly ESG issues.”

Give me an E, an S, and a G

Second, are the three elements equally important? Peter Dunn, senior associate, corporate finance, Burges Salmon, explained that as a corporate lawyer he would look at how material the E, S or G is to a specific business. He told the virtual audience of over 400 students:

“It’s not a case of is the E more important than the S or more important than the G? Certain ESG factors are more important than others for different businesses — it’s not one size fits all. I would recommend looking at the SASB materiality map which sets out which ESG factors are material for businesses in over 70 different industries. For example, people allocating capital to a healthcare business will particularly need to see information on social factors like data security, whereas people allocating capital to a chemicals business would need to see information on environmental factors such as, waste management and air quality.”

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That said, the panellists agreed that E (environment) gets the most attention and attracts the greatest investment. One of the reasons is that it’s easier to identify and quantify an environmental issue and client response to it, particularly climate change. As Alfrey points out, social issues can be location-specific, hugely varied and difficult to gain accurate data on or measure. Governance, such as safeguarding against bribery and corruption within supply chains, is more of a “wrapper” that sits around decision-making.

Energy lawyer Sabrina Polito, an associate at CMS, agreed. “I’m super-busy because everyone wants to buy clean energy”, she said. “Fifteen or 20 years ago, if you said to someone onshore renewables would become the cheapest form of energy generation in 2022, they would probably have laughed.”

Polito continued: “Actually, costs have fallen, the returns are strong, there’s a real business case for it and it’s a fantastic investment opportunity, so it’s not just necessarily about doing the right thing for the planet, the costs are really stacking up, hence why there is lots of investment appetite and interest in the ESG space.”

All aspects of ESG have come to the fore as a result of the war in Ukraine. Dobson, who has been advising the National Bank of Ukraine on recovering stolen assets, explained: “There are the consequences of reliance on Russian gas (environmental); massive human suffering, huge migration and risks of human trafficking and human smuggling (social); and higher instances of bribery and corruption in any war situation (governance).”

Polito said: “In the energy sector, there is something called the ‘energy trilemma’ – how do we deliver clean, secure and affordable energy? The war has exacerbated security in particular and is really stress-testing some of our ESG commitments at the policy level. It is particularly pertinent for the clean energy sector. After the Paris agreement, the big focus was on delivering clean energy, in the wake of the war in Ukraine, the big focus is on energy security.”

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She continued:

“In the UK we have lots of domestic gas so the easy solution is, why not use our gas resources and forget about expensive offshore wind? How do we face this short to medium term crisis of affordability and security versus building a sustainable future for generations to come and securing the supply of clean energy which we all know is crucial to the survival of the planet?”

Advice for candidates

ESG is obviously a hot topic in terms of commercial awareness, but what makes an individual commercially aware? Dobson said the term has become somewhat “mythologised”, but essentially means reading the news and being able to think from a client’s perspective about what would be a commercially sensible course of action to take in a given situation. “Even working in a café helps with commercial awareness because it gives you a sense of how a business works,” he explained.

Given its importance, will the subject of ESG be included in legal education in future?

Yes, said Matt Tomlinson, campus dean at The University of Law’s Leeds, Sheffield and Newcastle campuses. “ESG will influence every area we teach, for example, real estate solicitors will need to look more holistically at issues such as the energy efficiency of a building. It will definitely feature in our course curricula.”

Finally, each panellist gave their top tips for impressing at interview. Follow these for success.

Tomlinson advised candidates to aim for the places they think will suit them best because “it’s becoming a candidate’s market”.

Dunn suggested focusing on a small number of firms, say five or six, and really researching them in-depth.

Alfrey said: “Bring yourself, the real you, and a smile” to the interview, and have an opinion on the subjects you talk about.

Polito warned against using flowery language in applications. “Your job as a lawyer is to cut through the detail and get to what the client wants. That’s a skill you should demonstrate in your application. Use active verbs, make every word count.”

Finally, Dobson suggested applicants know “the minutiae” of what the job they’re applying for involves, why they want to do it and why they would be good at it. They can find this out by talking to other trainees or employees at the firm, and should try to understand the fine detail rather than just the broad brushstrokes descriptions firms put on their websites.

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How students can stand out in today’s legal market

Sophie Yantian — Fri, 01 Apr 2022 09:28:10 +0000

Former barrister turned ULaw Deputy Vice-Chancellor, Professor Peter Crisp, shares with students how to build commercial awareness and the skills they need to succeed, ahead of next week’s Legal Cheek-ULaw Spring Virtual Vacation Scheme

ULaw Deputy Vice-Chancellor, Professor Peter Crisp

It was while studying philosophy at King’s College London that Peter Crisp, now Deputy Vice-Chancellor at The University of Law (ULaw), found himself drawn to the legal profession. Crisp notes the parallels between philosophy and law, telling me it was the intellectual rigour and the understanding of the validity of an argument that appealed to him. The independent nature and the variety of work presented by the bar, led Crisp to become a barrister specialising in land law.

After three years in practice Crisp made the move to the legal education sector, co-founding BPP University Law School and working as Dean and CEO at BPP. He then joined ULaw in 2018. Crisp’s years of experience in the sector make him perfectly placed to reflect on the changes seen in the legal profession over the past quarter-century and share how aspiring solicitors can stand out in today’s legal market.

The University of Law

Undoubtedly the legal market has changed throughout Crisp’s career. In particular Crisp notes the effect of the pandemic and the increasing emphasis firms place on adaptability. “Students need to demonstrate how they have taken the disruption and change from the pandemic in their stride and how they have developed as a result of it,” he highlights.

Not only do aspiring solicitors need to be able to demonstrate their adaptability, but Crisp notes that ‘commercial awareness’ is crucial for securing that all-important training contract. Crisp breaks down the buzz words further, explaining what exactly students need to demonstrate: “Employers want people who understand what a transaction means both for the law firm and for the client”, he says, adding that clients are very often not interested in the law itself, but the legal implications for their business. “Commercial awareness is such an important topic at interview — make sure you can demonstrate you are business savvy!”.

Find out more about studying for the SQE at ULaw

To boost your commercial awareness Crisp advises reading the business section of newspapers such as the Financial Times and getting involved in business-focused opportunities offered by your university. ULaw, for example, runs a twice-yearly Commercial Awareness Competition for students. Crisp encourages taking advantage of these types of opportunities which show employers that you have actively engaged with the concept of commercial awareness.

Crisp goes on to encourage students to take advantage of schemes such as next week’s Legal Cheek-ULaw Spring Virtual Vacation Scheme, to help build commercial awareness. However, the key to getting the most out of these types of schemes is to be an active participant, says Crisp. “Don’t be a passenger — ask questions, engage with other attendees and network effectively.”

Being business savvy is only one element when thinking about how to stand out. Crisp goes on to highlight the importance in today’s legal market of shared values and a shared ethos — namely ESG (environmental, social and governance). “ESG has always been valued, but in today’s market this carries an even greater weight,” he shares.

So what does ESG encompass? Crisp explains that the term brings together many factors such as an understanding of the importance of sustainability and how firms can act sustainably, as well as good citizenship which students can demonstrate by getting involved in pro bono, legal charity work and volunteering opportunities.

Having a support network is a vital component for success when on the hunt for a training contract, a process that requires determination and resilience. Crisp advises making full use of your university’s employability service and maximising the resources available to you. “Be strategic”, Crisp emphasises, “think about where you want to get to and then go to your employability team to find out how they can support you in your strategy”. Employability teams can support you in all facets of the application process, Crisp highlights, from written to interview skills, to how you interact with your peers and work in a team.

Crisp reflects that while today’s legal market may differ from when he became a barrister, “now has never been a better time to enter the legal profession”. The buoyant market coupled with the eye-watering salaries offered by City law firms has resulted in firms fighting over the available talent, he comments.

So for those seeking a training contract, first and foremost: “Make sure the role is right for you. It takes planning, tenacity, focus and hard work but importantly it also takes authenticity — be who you are and develop your skills to be the best version of yourself.”

Peter Crisp will be speaking at The Legal Cheek Spring 2022 Virtual Vacation Scheme, run in partnership with The University of Law, which takes place next week from Monday 4 April until Wednesday 6 April. You can apply to attend the scheme, which is free, now.

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The role energy lawyers play in the push towards a greener planet

Elizabeth Davidson — Mon, 22 Nov 2021 11:01:34 +0000

Paul Dight, Addleshaw Goddard energy and utilities partner, discusses his work at the firm and why it’s great to be at the forefront of change, ahead of his virtual appearance at this week’s student event

While the recent COP26 global summit on climate change may not have delivered as much as many were hoping for, there is definitely “momentum” for change, says Addleshaw Goddard energy and utilities partner Paul Dight. On whether net zero targets for carbon emissions will be achieved, he says: “I am confident it will happen, but less confident about the timescales. There is definitely interest, appetite and an understanding that this needs to be done.”

Dight leads Addleshaw’s low carbon and electric vehicles groups. He began his energy law career on his first day at the firm in 2005, when he was given work involving a wind farm development — the government had recently introduced a renewables subsidy regime, which led to a boom in this area. Having worked in the energy sector for more than 15 years, he has witnessed something of a sea-change in the priority companies give to green energy and wider sustainability issues.

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“Our major clients tended to be intensive users of energy who wanted to control their costs or were forward-thinking on environmental issues and so wanted to move to greener energy,” he explains. “In the past three years, however, the market has changed dramatically. Now, almost all our clients — including the non-energy clients — are looking to move to greener energy, due to the net zero carbon challenge. They want more sustainable suppliers, recyclable packaging and greener power, and some are looking into whether they can generate their own power. All of our clients will need to know sooner or later how to decarbonise their operations.”

Paul Dight, energy and utilities partner at Addleshaw Goddard

Dight says: “Historically, activity was on the whole limited to operator’s set targets by their regulators, those with a particular exposure to energy costs or renewables developers and investors. Whilst there have been some notable exceptions to this, with some more enlightened companies wanting to decarbonise ten years ago, for most, however, if energy wasn’t their core business, then green energy wasn’t a priority. That’s changed. This has gone from being an issue that doesn’t get prioritised to one that is now not only always discussed at board level but where boards typically have a specific person charged with sustainability. That’s fantastic. If it’s being talked about in the right circles, then it will get acted on. It removes some of the key hurdles historically faced by sustainability projects.”

The application deadline for Addleshaw Goddard's 2022 Easter and Summer Work Placements is 6 January 2022

He continues:

“I believe passionately in decarbonisation and the need for renewable energy, it’s a subject that’s all pervasive — businesses, our clients will have to embrace it, and law firms will have to embrace it. The next generation will have to be on top of it because it will impact on almost every area.”

Dight studied at Leeds University, speaks Portuguese, French and Spanish, and trained at Hammonds Suddards Edge, practising insolvency law before moving to Addleshaw in 2005 and making the switch to energy, utilities and infrastructure.

He advises on a variety of energy projects — wind farms, solar farms, electric vehicles, battery projects, infrastructure and utility networks — on their acquisition and disposal, and regulation. He is currently involved in helping Volkswagen in Germany on its global alliance arrangements with Ford, advising on battery and electric vehicle charging and on several wind and solar projects.

“All the projects require a lot of collaboration and teamwork with lawyers across a range of practice areas,” he explains. “The work requires a broad range of knowledge, covering the areas of corporate, commercial, planning, property, construction and finance. Consequently, lawyers in this area will collaborate and work in teams to pool their expertise. The energy and utilities group encompasses all disciplines — it’s very diverse in its expertise — so anyone interested in this space, whatever kind of lawyer they are, can get involved. You have to have a very good commercial and regulatory understanding and an understanding of the energy market itself.”

Dight says:

“I love this area of work because it’s so relevant. I love talking to my children about it, and knowing that in some small way I’m helping to save the planet. That I am able to make a difference as a lawyer gives a wider context to my work, and my children can see why I do this. There are new structures and technology developing all the time so every deal is fresh and problem-solving is always required. It’s great to be at the forefront of change and I am proud to be part of a firm that has so much experience in this area and provides the platform that we do.”

One major trend in this area is the installation of charging stations and other infrastructure for electric vehicles — the ban on new diesel vehicles comes into force in 2030. “That’s a massive shift — people need the confidence to know they can get from A to B without being stranded and that relies on the charging infrastructure being in place,” Dight says.

He continues: “There are a lot of challenges to overcome, for example, not all platforms are compatible so not everyone can use all the chargers, and there are significant cost challenges in installing the infrastructure in rural areas. However, people are always coming up with new technology and new solutions. For example, Volkswagen has announced a new product, a battery buffered charger, which should make connecting to the electricity grid easier and cheaper than conventional chargers in certain locations. It’s exciting to be involved in these types of developments. You can see the future and that’s not actually very far away but there are hurdles that need to be resolved first, and you are working to help resolve those.”

The application deadline for Addleshaw Goddard's 2022 Easter and Summer Work Placements is 6 January 2022

Paul Dight will be speaking at ‘Solving tomorrow’s problems — with Addleshaw Goddard’, a virtual student event taking place on Thursday 25 November. You can apply to attend the event, which is free, now.

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RPC offers £100k in free legal advice to ESG start-ups

Aishah Hussain — Mon, 22 Nov 2021 09:18:46 +0000

International law firm to ‘promote positive change in society’

International law firm RPC is offering up to £100,000 in free legal advice to start-ups in the environmental, social and governance (ESG) space.

The support is available through the firm’s new legal accelerator programme, dubbed RPC Tectonic, which launched this month, and will help tech businesses addressing ESG issues to “promote positive change in society”.

RPC Tectonic will operate on a subscription model where participants subscribe to the scheme for up to one year and pay a small monthly fee. In return, each start-up will receive up to £100,000 worth of advice from RPC lawyers, together with training, networking events, access to template documents and other benefits.

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RPC corporate partner Peter Sugden, who is leading the programme alongside the firm’s head of commercial, Jeremy Drew, said: “As a firm, we’re committed to supporting sustainability, inclusion and diversity and social responsibility, so we are delighted to be launching RPC Tectonic, which is just one part of delivering on that commitment.”

He added: “We are really excited to be able to offer meaningful support to companies that we hope will be at the vanguard of addressing some of the biggest issues we face as a society.”

The launch of RPC’s new scheme comes weeks after Simmons & Simmons also pledged £100k in free legal support to start-ups which are using technology to help fight the climate emergency.

Keen to find out more about life at RPC or a life in law more generally? Why not sign up to the Legal Cheek UK Virtual Law Fair. It takes place on Thursday 2 December, between 2-5pm, and features 70 law firms, including all the magic circle and leading US firms’ London offices, international firms, and national firms across the UK.

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