Agiles Ensemble

Offres Resilience

Retour
  • Offres Transverses
  • Focus sur
    • Keine Kategorien

    • ESG

    LPALAW - savoir faire : ESG

    Implementing an ESG policy: our expertise and tailor-made solutions

    Implementing an ESG policy (i.e. based on Environmental, Social and Governance criteria) and transforming constraints into opportunities requires genuine expertise, both at the outset and in the ongoing monitoring and upgrading of this policy.

    With the support of its numerous teams, LPA Law can provide you with multi-disciplinary teams tailored to your specific needs, to help you take a holistic view of your group’s or company’s situation and ensure the implementation and monitoring of your ESG policies.

    Our offer is structured around three key areas: insight, implementation and communication.

    Insight: ESG analysis and mapping

    An effective and efficient ESG policy is based first and foremost on an accurate analysis of the specific situation of each reporting entity, regardless of its size or that of the group to which it belongs, and its location (local or international), with regard to the ESG standards that apply to it.

    Our various experts undertake to work with your teams to audit your activities with a view to establishing an accurate diagnosis, whether in relation to, for example:

    • Duty of care and vigilance under French law and future European legislation, throughout the upstream and downstream value chain ;
    • Mergers and acquisitions, including legal, tax and social due diligence and vendor due diligence covering ESG risk analysis ;
    • Employee rights and safety (occupational health and safety, equal treatment, international subcontracting, etc.) ;
    • Compliance with environmental law at European and national level and the prevention of environmental risks, particularly in the industrial (polluted sites and soils, waste, various emissions, impact on resources and biodiversity), real estate and energy sectors ;
    • Controlling the collection, storage, use and protection of personal data ;
    • Combating corruption, money laundering and the financing of terrorism (AML/CFT) and all other forms of financial crime ;
    • Audit and implementation of delegations of authority and liability for managers ;
    • Insurance coverage and the impact of ESG obligations in this area (which policy (civil liability, directors‘ liability, cyber) for which risks)?
    • Assessment of internal processes to identify tax issues with ESG impact ;
    • Audit of the group’s transfer pricing policy to ensure that it complies with internal and international standards.
    Implementation : setting up measurement and monitoring documents and tools

    Our different teams can help you negotiate and draft documentation (contractual or other) according to your identified needs. In order to ensure the strength of the policy in place, our teams can also help you build relevant measurement and monitoring tools.

    These include, but are not limited to, the following: 

    Governance and implementation of ESG best practices 
    • Implementation or compliance of internal procedures ;
    • Drafting of a code of ethics ;
    • Compliance of compensation plans ;
    • Introduction of a consultative vote by associates on ESG “say on climate” policy;
    • Integration of sustainable criteria in decision-making ;
    • Regular assessment of sustainability risks ;
    • Integration of ESG criteria into the investment process ;
    • Transparent communication of ESG performance ;
    • Obtaining ESG labels or certifications ;
    • Introduction of financial incentives aligned with ESG objectives.

    Frédéric Bailly | Stéphane Erard | Alexandre de Konn | Maxime Labonne

    Environement
    • Legal audit of the company’s environmental practices, environmental risk prevention (waste management, nuisance, pollution, technological risks, administrative and civil liability) and potential damage to health, safety, resources and biodiversity ;
    • Review of environmental risk mapping (including external suppliers and service providers) and internal environmental risk management procedures ;
    • Review of environmental aspects of compliance plans ;
    • Review of environmental communications, including compliance with the company’s greenhouse gas emission reduction targets.

    Frédérique Chaillou

    Collective and individual labor relations
    • Assistance in implementing the new obligations of the Climate Law relating to collective bargaining and the operation of employee representative bodies, integration of the expectations of candidates and employees in the field of ecological transition and environmental issues, assistance on the subjects of mandatory annual consultations and updating of the Economic, Social and Environmental Database (EESDB), assistance in reducing the environmental impact of companies‘ activities by raising employee awareness of environmental issues and the quality of life of employees at work ;
    • Implementation of tools for monitoring equal treatment, such as calculating the gender equality index, and assistance in identifying any corrective measures required; assistance with diversity and inclusion in the workplace, and with internal reporting channels (harassment whistleblowing, whistleblower protection);
    • Whistle-blower protection: drafting of whistle-blowing procedures, assistance with the technical implementation of whistle-blowing channels, advice on handling alerts ;
    • Working hours and sustainable mobility: assistance in negotiating measures to improve the impact of the company’s activities on the environment (introduction of the 4-day week, negotiation of a telecommuting agreement); assistance in negotiating measures to improve employee mobility by reducing costs, improving mobility and encouraging the use of environmentally-friendly modes of transport.

    Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

    Real estate law
    • “Green” leases: assistance in negotiating and drafting “green” lease contracts in line with the new ESG objectives; updating of legal documentation in light of the rules resulting from the Décret Tertiaire (the French tertiary sector decree) ;
    • Construction and new standards: transposition of new construction and taxonomy standards (Environmental Regulation RE 2020, etc.) into contractual documentation.
    • Energy performance contracts: drafting and implementation
    • Renewable energies: assistance with the installation of renewable energies (photovoltaic panels) on real estate assets (bare land or on rooftop buildings, parking lot shaded areas, etc.); implementation of emphyteutic leases, civil leases, construction leases, easements, concessions, etc ;
    • Renovation of buildings: assistance in concluding property development contracts or delegated project management contracts, etc.; assistance in obtaining co-ownership authorizations and the necessary financing ;
    • Combating the artificialization of land (the “Zero Net Artificialization” – ZAN – objective): help in understanding the new requirements of urban planning law ;
    • New bioclimatic Paris land use plan (PLU-B de Paris): assistance in transposing the new ESG requirements resulting from the new PLU-B for Paris
    • ESG financing: assistance in setting up “green” loans or refinancing.

    Silke Nadolni | Vincent Danton | Hélène Cloëz | Aurélie Dauger | Pascaline Déchelette-Tolot | Géraldine Piedelièvre | Jérémy Régade

    Public law
    • Public financing: Assistance in the search for public financing programs and grant applications, some of which are conditional on compliance with ESG criteria, as is the case for regional grants subject to “eco-socio-conditionality by threshold” since January 1, 2024 ;
    • Calls for tenders: assistance in preparing responses to calls for tenders that include a CSR criterion for assessing bids submitted ;
    • Public contracts: advice on the performance and modification of public contracts and concessions, particularly in light of new environmental and energy regulations
    • Support in relations and negotiations with public bodies and regulatory authorities
    • Assistance in drawing up a plan to promote socially and economically responsible purchasing (SPASER) for local authorities ;

    Marion Roquette-Pfister

    Energy
    • Support in concluding gas and electricity supply contracts, PPAs and contracts with classified heating and cooling networks to source and guarantee consumption of renewable energies (guarantees of origin, etc.) ;
    • Support for the conclusion of purchase obligation contracts and additional remuneration contracts resulting from the installation of cogeneration or electricity production equipment on land (parking lot shading systems, internal heat networks, agri-photovoltaics, etc.) ;
    • Support for subsidy applications for the implementation of renewable energy infrastructures (charging infrastructure for electric vehicles, decarbonized hydrogen production, compliance with sustainability and emission reduction rules required to obtain subsidies for biofuels and biogas, etc.)
    • Advice on the acquisition and sale of greenhouse gas emission quotas, energy saving certificates and production certificates.

    Marion Roquette-Pfister | Stephan Lesage-Mathieu | Marco Plankensteiner | Pauline Dessevre

    Mergers & acquisitions and contracts
    • Assistance in all stages of the M&A process, from the legal, tax and social due diligence / VDD phase legal, tax and social including ESG risk analysis ;
    • Drafting and negotiation of transaction documentation, including clauses on ethics and corporate social responsibility ;
    • Drafting and negotiation of extra-statutory agreements including clauses on ethics and corporate social responsibility, as well as specific ESG information and reporting obligations ;
    • Control of mergers: drafting of notifications, including ESG justifications ;
    • Cooperation agreements: assistance in drafting and implementation of cooperation agreements with one or more competitors, based on efficiency gains or social or environmental reasons ;
    • Supervision of product launches and associated advertising, with regard to the risk of accusations of “greenwashing” ;
    • Negotiation and drafting of insurance policies adapted to ESG risk.

    Frédéric Bailly | Stéphane Erard | Maxime Labonne | Stephan Lesage-Mathieu | Marco Plankensteiner | Pauline Dessevre

    Banking and financial law
    • Asset management: assistance in complying with regulations on sustainable finance (Taxonomy Regulation, SFDR Regulation, CSRD Directive, etc.), assistance in obtaining the SRI label, assistance in complying with requirements relating to information to be provided by collective investment funds and portfolio management companies incorporating extra-financial approaches, assistance in obtaining approval for management companies ;
    • Crowdfunding: assistance in obtaining approval for crowdfunding services ;
    • Structuring of impact investment funds: preparation of documentation (from term-sheet to warrants), support in structuring collective investment schemes ;
    • Fintech: assisting companies in the “green” fintech sector with their regulatory needs, including obtaining regulated status.

    Vincent Danton | Laurence Wynaendts

    Criminal prevention
    • Anti-corruption: drafting of anti-corruption procedures, anti-corruption codes, whistle-blowing procedures, ethics clauses, and running training courses (management, legal and operational staff) ;
    • AML/CFT: assisting companies in complying with anti-money laundering and anti-terrorist financing measures ;

    Alexandre de Konn

    Implementing a tax policy consistent with the Group’s ESG commitments and policy
    • Setting up a transparent/green/responsible tax policy
    • ntegration of taxation into environmental policy (management of sector-specific taxes, environmental tax incentives)
    • Identification of tax issues likely to have a social impact
    • “Sanity check” of risky international flows (permanent establishment, mobility of persons, transfer pricing, substance test, materiality test, anti-abuse measures, misuse of tax treaties)
    • Value chain identification

    Sandra Fernandes | Mathieu Selva-Roudon

    Communicating: communication and governance, managing potential disputes

    When considering ESG policy, communication is essential:

    • Internal (reporting and governance, mobilizing staff around projects and/or organizational changes, training teams on a one-off or recurring basis, etc.) or
    • External (documentation for investors and/or customers, legal or regulatory publications, advertising, etc.).

    It must be relevant to the various audiences to which it is addressed: shareholders, investors, customers, regulators, etc.

    Our firm can assist you with these various communication initiatives, in particular with the implementation of the new reporting obligations arising from the CSRD Directive, concerning information on the role of administrative, management and supervisory bodies with regard to sustainability issues, and the main features of internal control and risk management systems.

    Our firm can also act on your behalf in the event of any regulatory or legal control or proceedings involving accusations of “greenwashing” or misleading or deceptive communication, as well as any resulting media or reputational crisis.