New guide aims for meaningful conversations

Linklaters, the UN Global Compact and UC Berkeley School of Law launch guide to help general counsels drive the corporate sustainability agenda.

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The Guide for General Counsel on Corporate Sustainability Version 2.0 aims to help general counsels drive change and meaningful conversation around corporate sustainability issues in their organisations.

“Well-placed”

Since the first guide was published in 2015, corporate sustainability has leapt up the commercial and political agenda. Environmental, social and governance (ESG) issues are becoming important to long-term business success and are increasingly the subject of incoming regulatory and investor requirements. Boards, executive teams and other senior management are coming under increasing scrutiny. As part of this, the role of general counsels is also fast evolving in response to increased stakeholder focus on sustainability risks and opportunities, and calls for greater consideration of ESG factors in investment decisions. Charlie Jacobs, senior partner and chairman at Linklaters, said “At Linklaters, we are committed to the UN Global Compact principles, and as part of this, we see a real potential for businesses to be a force for good. Corporate sustainability is attracting increasing attention as companies face growing interest and scrutiny on their policies and where this lands within their fiduciary duties. General counsels are well placed and equipped to facilitate real change and push the issues up the agenda as companies grapple with growing expectations, impending regulation and reporting requirements.” He added, the guide reponds to “the growing demand from the legal community for practical guidance on how to integrate sustainability considerations into business as usual.” Lise Kingo, ceo and executive director of the United Nations Global Compact, said “The United Nations Global Compact works with businesses of all sizes around the world to move corporate sustainability and UN values into the mainstream. As the role of general counsels moves beyond legal compliance and towards corporate sustainability, the UN Global Compact sees them as key change agents with the ability to create long-term value for a company.”

Five key areas

The guide, with the support and guidance from an advisory group of general counsels from Nestlé and other companies, provides practical tips on how to harness their position to integrate corporate sustainability policies into their organisation’s DNA. The content covers five key areas vital to navigating the changing corporate sustainability landscape: Corporate sustainability and business Integrity suggests how general counsels can embed corporate values and responsible business conduct within their organisations to help ensure corporate sustainability. Corporate sustainability and fiduciary duties covers how businesses can successfully integrate environmental, social and governance (ESG) factors into decision-making processes. Human rights and supply chain diligence advises how general counsels can respond to ever greater calls to consider the sustainability of their supply chains by conducting human rights due diligence. Corporate sustainability and grievance mechanisms covers how grievance mechanisms can form part of responsible business processes and contribute to securing corporate sustainability. Lastly, challenges to corporate sustainability and managing a crisis shows how general counsels can use sustainability principles to help prevent, prepare for, navigate through and recover from a crisis.

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