Team

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Practice areas

ESG Criteria and Climate Change Regulation

Pérez-Llorca provides advice on the analysis of the impact of current legal texts on climate change management, the energy transition and sustainable financing, as well as a long-term vision of where regulations are heading and where public policies are oriented.

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Pérez-Llorca provides advice on the analysis of the impact of current legal texts on climate change management, the energy transition and sustainable financing, as well as a long-term vision of where regulations are heading and where public policies are oriented. Pérez-Llorca has a multidisciplinary team specialised in providing comprehensive advice in relation to all relevant legal aspects of the application of ESG (environmental, social and governance) criteria and the impact of climate change management. We focus on both preventive and corrective issues and provide coverage in all areas of business activity:

Corporate Governance: Boards of Directors

We advise on the design of corporate governance structures for Spanish capital companies (both listed and unlisted) that take into account ESG criteria and the impact of climate change:

  • Board structure, transparency mechanisms and corporate decision-making and implementation.
  • Compliance structuring.
  • Protecting directors’ liability in relation to decisions with an impact.
  • Guiding and assisting on drafting the statement of non-financial information.
  • Designing and negotiating clauses that incorporate reaction mechanisms in the event of non-compliance and defining criteria that can be incorporated into contracts, especially in the supply chain.

Investment, mergers and acquisitions

ESG criteria are also relevant when designing and executing transactional processes. In this regard, we incorporate compliance with ESG criteria in the due diligence phase, when designing, drafting and negotiating the SPA, as well as in our client’s corporate decision-making process to protect the management body from potential liability claims. In addition, we advise on the construction of an ESG-friendly proposal for the management of foreign investment authorisation.

Green – sustainable financing

ESG principles are becoming increasingly significant in corporate finance, project finance and corporate debt issuance. Financial institutions, specialised funds and companies alike seek to implement ESG principles in their financing operations, as well as to invest in green and sustainable projects. We provide advice on the implementation of ESG principles in financing structures, including meeting the requirements for compliance with the Equator Principles and the Green Lending Principles.

Litigation

We incorporate ESG criteria when designing the defence and prevention of administrative (with special emphasis on environmental), criminal, labour and civil litigation: environmental pollution, natural resource management, supply chain management, discrimination, claims before public administrations, etc.

Environment and climate change

Environmental regulations are mainly of European origin, although they are applied at regional and local level. Therefore, we identify the environmental requirements that apply to our customers on a case-by-case basis with a twofold objective:

  • Analysing and accrediting the environmental compliance of companies’ activities.
  • Offering legal solutions to optimise the management of waste, emissions, discharges and noise in order to achieve greater environmental sustainability and improve the corporate positioning of organisations, accessing the growing opportunities for environmentally responsible companies.

Social responsibility

We advise our clients on human capital issues, including social responsibility, governance, diversity, equity and inclusion. We also advise on employee compensation and incentive programmes related to ESG variables.

Contacts

Barcelona
José María de Paz
Madrid
Josefina García Pedroviejo
New York
Javier Gómez