Environmental, Social,
and Governance (ESG)
What is ESG?
Environmental, social, and governance (ESG) is a quickly developing and broad reaching field, 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. Most people focus on the environmental impacts of a company, however ESG reaches much further into areas like hiring practices, board composition, ethics, and supply chain. For a comprehensive understanding of ESG, we recommend reading the introduction to The Trouble With Tibble: Environmental, Social, and Governance (ESG) and Fiduciary Duty, authored by Jon McGowan.
Our experience with ESG
Jon McGowan has established himself as an expert in the legal development of ESG, both in the United States and in the European Union. His article The Trouble With Tibble: Environmental, Social, and Governance (ESG) and Fiduciary Duty, in which he argued that ESG for the sake of ESG is a breach of fiduciary duty, was published by the University of Chicago Business Law Review. He authored a chapter on ESG in the United Kingdom in the book Impact Investing and Social Enterprise: Global Progress and Challenges, published by ABA Publishing. He authored a journal article on green bonds in the United Kingdom for The Year In Review, The International Law Journal of American Bar Association/ International Law Section. In November 2022, he spoke on ESG and fiduciary duty in the European Union at the International Conference on European Company Law and Corporate Governance in Croatia. In February 2023, he spoke on the impact of ESG to local and state governments at the American Bar Association’s Mid-Year Meeting in New Orleans. As a Fellow at the European Law Institute, he served on the members consultative committee for the project Guidance on Company Capital and Financial Accounting for Corporate Sustainability. He is a contributor for Forbes, providing legal analysis and commentary on ESG legal developments in the United States and the European Union.
Services we offer
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.
Administrative compliance
Legal developments in the United States, United Kingdom, and the European Union relating to reporting standards will directly impact both public and privately held businesses. New reporting standards are currently in development which will require certain metrics relating to ESG. The McGowan Law Firm can work with you to make sure your company files the appropriate documentation to stay in compliance.
Governance
Corporate governance is the foundation of a well run company, providing the guidance and processes for long term operations. The rise of ESG directly impacts how governance documents should be drafted, especially as it relates to the fiduciary duty of the board of directors. Push back on ESG at the state level, as well as international legal development relating to greenwashing and supply chain are new factors which must be considered. The McGowan Law Firm works with both publicly traded and privately held businesses to draft corporate governance documents, including articles of incorporation, board by-laws, and policies, which are in individualized to the need of the company.
Strategic planning
ESG is a fast developing field for which your company must prepare. Whether you are for or against ESG, your company must be prepared for the impacts of its development, as well as the impacts of push back on ESG. Your company needs to be ahead of the curve , so it is not negatively impacted by these developments. It is important to have someone who understands the full picture of the legal developments to better prepare you for the future. Jon McGowan’s unique understanding of the global development of ESG can position your company for the future.
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.