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NLJ this week: How to avoid greenwashing & the significance of copyright in ESG

13 October 2023
Issue: 8044 / Categories: Legal News , ESG , Intellectual property
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‘Every time I see this focus on sustainability regulations, I want to scream,’ General Counsel Andrew Magowan, from law firm The Legal Director, writes in this week’s NLJ. ‘At best, it’s a wasted opportunity. But at worst, it’s a dereliction of our duties as lawyers’

ESG is the subject of two NLJ articles this week. Magowan advises how to make the most of the environmental aspects of ESG (environmental, social and corporate governance), and Colin Hulme, head of IP at Burness Paull, looks at copyright and making sure no business misappropriates the work of authors and artists.

First, Magowan advises that lawyers think about how they can make the biggest difference and focus on that. Rather than the lawyerly tendency to focus on the complex detail of reporting obligations in a variety of jurisdictions, he suggests lawyers prioritise, ask questions and communicate openly and honestly when evaluating anything from the perspective of sustainability.

Once they have ascertained what needs to be focused on to genuinely tackle the biggest impacts and make the biggest difference, Magowan advises that lawyers talk about these and only these, making sure they don’t get distracted.

Secondly, Colin Hulme, head of IP at Burness Paull, in an extract from a bigger article published on the Copyright Licensing Agency’s website, considers why businesses breach copyright and notes the importance of ESG for businesses pitching for work.

He highlights that: ‘As ESG policies require companies to have consideration for the communities and markets within which they operate, paying for content which will incentivise those engaged in the creative industries seems obvious.’ 

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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