Sustainable Investment & Global Impact
Related LawyersOverview
Our Sustainable Investment & Global Impact Practice Group provides multi-disciplinary experience, sophisticated advice and state-of-the-art market intelligence to clients as they navigate the legal opportunities and challenges related to environmental, social and governance (ESG) considerations, sustainable investment, and impact investing across the investment and operational life cycle.
Building upon Kirkland’s long-standing commitment to corporate social responsibility and sustainability, our lawyers serve as strategic partners, providing integrated solutions, practical business advice, and deep market knowledge to help clients identify opportunities, mitigate risks and achieve their objectives — allowing them to focus on what they do best — raising and deploying capital, managing portfolios and operations, promoting sustainability, maximizing returns and creating long-term value.
With the largest, most active investment funds practice in the world, Kirkland has extensive fund formation experience and access to a deep data set that enables us to provide market insights, tailored advice and innovative solutions as clients consider launching new impact-focused funds and platforms. By leveraging our Firm’s vast transactional experience, thought leadership and relationships across ESG organizations, technical consultants and strategic communications advisers, Kirkland is positioned to advise clients on the full spectrum of legal needs related to ESG, sustainable investment and impact investing.
Regardless of whether we are working with private equity firms and their portfolio companies, public companies, public company board and corporate leaders, family offices, or other private investors and asset managers, our approach is tailored, cutting-edge, data-driven and realistic.
Capabilities
Investment Funds
- Developing bespoke, innovative structures for impact-focused platforms, dedicated impact funds, secondaries funds, co-invest funds, Opportunity Zone funds and other special investment vehicles that position clients to achieve both their financial goals and social purpose
- Partnering with clients to develop and implement custom ESG policies and strategies that are tailored to each client’s unique circumstances and balance investment, operational and risk management goals
- Negotiating ESG, impact, climate, and other sustainable investment provisions in key corporate documents such as limited partnership agreements, private placement memoranda and side letters
- Support with investor relations, diligence requests, transparency and reporting related to ESG and impact investments
- Helping clients navigate the various dynamic and evolving industry guidelines, initiatives, methodologies and measurement tools, including the UN Sustainable Development Goals, the UN PRI, the AIC’s Guideline’s for Responsible Investment and the Operating Principles for Impact Management, and developing impact metrics, reports and product lines
- Advising on regulatory issues related to ESG (e.g., data privacy and EU action plan on sustainable finance, stewardship and corporate governance), including “soft regulation” and other investor-led and self-regulatory ESG initiatives
- Developing citizenship initiatives and structuring investments to pursue philanthropic and charitable endeavors of private equity firms, companies, family offices and other investors
Capital Markets, Corporate Governance & Shareholder Activism
- Counseling public companies on rapidly evolving investor preferences on ESG and climate-change risk matters
- Advising public companies on the impact of ESG on traditional shareholder activism and in responding to ESG-related shareholder activism
- Navigating ESG ratings and disclosure, including reviewing, drafting, and advising on securities filings (e.g., 10-K, 10-Q, Prospectus)
M&A, Project Finance & Exit Opportunities
- ESG-related transactional due diligence
- Entity formation and the utilization of benefit corporations and other legal entity forms that incorporate a socially driven purpose
- Implementing equity-incentive programs that align with ESG policies and socially driven impact goals
- Helping private equity firms track and enhance the ESG performance of their portfolio companies
- Providing industry-specific ESG advice and market insights (e.g., ESG in the energy industry) and advice on ESG “hot topics” (e.g., climate-change risk management matters and diversity)
- Advising on ESG issues affecting project finance and credit facilities
- Helping mitigate ESG-related risk and enhance value at every stage of the deal cycle, including exit
Restructuring
- Helping companies mitigate ESG-related risk and enhance value in the restructuring context
Litigation
- Advising clients about risk management and legal actions related to ESG issues
Tax
- Advising clients with respect to investing in Opportunity Zones