Environmental, Social,
and Governance (ESG)
What is ESG?
Environmental, social, and governance (ESG) and sustainability are quickly developing and broad reaching fields, with new legislation and regulations coming out weekly. Generally, the concept is that businesses are tracked not just on their profits, but on their actions relating to ESG factors. The majority of the focus is on the environmental impacts of a company, including climate change and greenhouse gas emissions (GHG). However, ESG reaches much further into areas like hiring practices, board composition, ethics, and supply chain. In some jurisdictions, it includes diversity, equity, and inclusion (DEI) and human rights.
Our experience with ESG and Sustainability
Jon McGowan is an attorney who practices at the intersection of business and sustainability. He has provided counsel on the topic to businesses, boards, attorneys, professional organizations, elected officials, government entities, NGOs, and IGOs.
In addition to his legal practice, he is a contributor for Forbes, providing legal analysis and commentary on international legal developments in ESG and sustainability regulations, with a particular focus on the United States and the European Union. He has authored multiple legal journal articles, co-authored a book, and presented at international law conferences on the complexities of the laws relating to ESG/ sustainability and how they impact business.
Services we offer
Liability Review
This may be the most critical service we provide. In the rush to meet the demand for climate-change and environmentally friendly actions, companies have produced marketing and ESG/ sustainability reports to showcase how environmentally friendly they are. Claims made in these documents are increasingly being scrutinized by regulatory agencies, including the Securities and Exchange Commission, the Federal Trade Commission, and state agencies. Environmental activists frequently initiate lawsuits over climate claims and policies, not just against the company, but also against corporate officers and directors. Additionally, new regulations in the European Union will soon create additional liabilities for companies around the world. Companies are facing penalties in the millions of dollars, plus the bad press that comes from the initiation of a lawsuit or investigation. Unfortunately, these documents are frequently produced by marketing departments or environmental consultants who are not familiar with the legal liability. Even in-house counsel are not familiar with this new area of law. Engaging The McGowan Law Firm to conduct a strategic analysis of your materials and policies can help prevent future legal issues.
Outside Legal Counsel
The legal and regulatory development in the field of ESG and sustainability is fast moving and complex. It is unreasonable to expect in-house counsel to, in addition to their regular legal work, gain the knowledge and follow the developments close enough to provide counsel. Engaging The McGowan Law Firm as outside legal counsel allows your in-house attorney to focus on the areas where they are experts while having a resource in this specific area of law.
Speaking engagements
Jon McGowan is an experienced and compelling speaker, with a wealth of knowledge on ESG and business matters. His understanding of the current legal environment, as well as the future of ESG and environmental law, provides an invaluable perspective for those impacted. Whether speaking to a large group, or to a board of directors, he is able to adapt his presentation to the needs of the audience.
Lobbying and government Affairs
Jon McGowan has over 20 years of government affairs experience. That experience, combined with his expert knowledge on ESG, allows him to speak effectively on matters under consideration at the state, federal, and international level.
Expert Testimony
Litigation involving ESG practices, fiduciary duty of directors, and compliance, amongst others, will be a quickly emerging area of law. Early cases are currently being brought in Europe, testing new legal theories. Jon McGowan’s understanding of the legal theories, regulations, and development is valuable resource in any litigation. His proficiency in public speaking allows him to speak with the clarity and authority needed for effective expert testimony.