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18 February 2022 / Clare Hughes-Williams , Sarah Crowther KC
Issue: 7967 / Categories: Opinion , ESG , Environment , Governance
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ESG—friend or foe?

Environmental, social & governance: Clare Hughes‑Williams & Sarah Crowther on why law firms should keep all three top of the agenda if they want to keep the lights on in the long term

ESG (Environmental, Social and Governance) has become a hot topic for businesses across the globe and has seen a meteoric rise in the attention that it receives from business leaders. Law firms are no exception, and there are numerous reasons why they too are (or should be) paying ever closer attention to their ESG credentials.

Although its rise to prominence is a recent phenomenon, ESG and its component parts are not new. ESG emerged as a concept in 2006 when the then secretary-general of the United Nations, Kofi Annan, launched the Principles for Responsible Investors. Those principles were developed with the co-operation of institutional investors and formed the bedrock of ethical investment. This is what we now call ESG.

ESG remained an investment concept until fairly recently. Social inflation has played a prominent role in its

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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