Sustainability

The climate emergency and the new legislative framework have made ESG matters a priority on the agenda for boards of directors. This technical regulatory avalanche is a challenge for companies, obliging them to integrate sustainability and ESG criteria into their core business strategy.

At Cuatrecasas, we became pioneers in identifying this need and in creating a multidisciplinary team made up of lawyers from the following areas: business and human rights, finance, corporate and M&A, regulatory law and the environment, risk management and litigation, labor and employment law and tax law.

We cover the major markets where we are present, guaranteeing extensive knowledge of local laws, authorities and other local aspects. We also have the support of our Knowledge and Innovation Group (ACI), comprised of academics that ensure a unified vision of sustainability in all the firm’s practice areas and that are always available to provide assistance, and research and training activities.

Our services include (i) designing corporate governance systems for ESG risks and impacts, (ii) advising on transparency obligations and accountability regarding sustainability, (iii) preventing and managing crises, (iv) advising on executive compensation linked to sustainability objectives, and (v) promoting diversity in boards of directors.

We advise on designing and implementing processes for identifying, preventing, mitigating and correcting impact risks on human rights and the environment. We also participate in internal and external investigation processes, preventing green washing and social washing, and designing and implementing due diligence processes and their contractual frameworks for the chains of activity or value chain. We represent our clients in all sustainability-related litigation including:

• civil and administrative proceedings before state and international courts and other adjudicative bodies;
• civil claims of human rights violations both in court proceedings and international commercial and investment arbitration procedures;
• claims among private actors for due diligence infringements in the chains of activity or value chain; and
• strategic litigation involving constitutional matters (protection), litigation relating to climate and the environment based on human rights, and litigation relating to false advertising, green washing, social washing, unfair competition, actions by consumers and actions relating to directors' liability.

We are market leaders in the issuance of green, social and sustainable bonds, sustainability-linked loans, and ESG risk analysis in investments and financing. We also assist with meeting reporting and transparency requirements in financial markets and preventing green washing and social washing.

We advise on identifying the impact risks of transactions and investment projects on human rights and the environment, and on contingencies arising from business obligations related to sustainability risk governance, including contract regulation.

We advise our clients on preparing climate, environmental and biodiversity plans, as well as on climate and environmental issues, projects and investments in the energy transition, and managing capital and natural resources.

Our services include designing equality, diversity and transparent remuneration plans; preparing internal protocol and investigations against workplace harassment and violence; advising on balancing work, family and personal life; and defending in administrative, court and disciplinary proceedings.

We advise on implementing executive and employee variable remuneration linked to environmental and sustainability objectives; green collective bargaining; designing sustainable mobility plans; negotiating, designing and implementing internal flexibility measures; and adjusting working conditions as a consequence of climate change.

We have a specialized team of lawyers advising on excise and environmental taxes, as well as the ESG incentives in the governing regulations of different taxes and their national and international implications.

We also advise on tax aspects affected by the (i) crystallization of ESG standards: advising on designing and implementing tax governance systems to ensure responsible compliance and transparency, guaranteeing that risks are identified and that there are resources and mechanisms to minimize them; or (ii) adoption of specific ESG commitments: advising on the impact on tax strategy and on transfer pricing policies of the change in the operative model and the centralization and decentralization of decisions.