ENVIRONMENTAL, SOCIAL,

& GOVERNANCE (ESG)

ENVIRONMENTAL, SOCIAL, & GOVERNANCE (ESG)

 

MDO Partners firm is comprised of a solid team of ESG attorneys and advisors with more than 100 years of combined experience who are committed to the business goals and best interests of their clients. The firm delivers value-added services of the highest caliber and serves as a trusted advisor to its clients with a practical and business-savvy approach.

The firm draws upon its extensive experience in corporate law and in developing effective compliance programs for Fortune 500, private and international companies in various industries ensures that they are able to assist clients with ESG matters in a proactive and thoughtful manner.

Together, we are an elite team of multicultural, multilingual and multidisciplinary compliance professionals with Big Law, Big 4, In-House, Government and global experience that is uniquely qualified to guide you through the most complex and delicate ESG risks, as well as opportunities, worldwide. We are also uniquely skilled in developing business-minded and practical solutions that strike an appropriate balance between (i) mitigating risk, (ii) supporting business operations and objectives and (iii) working within the constraints of budgets.

Companies today are operating in an environment of ever-increasing laws and regulations, including Environmental, Social and Governance (ESG), Anti-Corruption (FCPA), Anti-Fraud, Antitrust, Sarbanes-Oxley (SOX) and Dodd-Frank. In addition, they need to be concerned about humanitarian matters, international trade, and developing and growing their business in a sustainable way.

Failure to adhere to these laws and regulations may subject them and their employees, officers and directors to substantial fines, penalties, and consequences, including imprisonment, particularly given the heightened level of scrutiny by regulators such as the US Department of Justice, the US Securities and Exchange Commission, the UK Serious Fraud Office and the UK Ministry of Justice.

Regarding ESG concerns, this area is still emerging and has a subjective component based on how the market, customers, potential employees, investors, and others will perceive a company’s actions and business practices. When a company handles these areas well and is mindful, they can be greatly rewarded, when they do not it can be damaging to their reputation, corporate culture, and the larger community.

An effective ESG program consists of various elements, including (i) Ethical Culture; (ii) Risk Assessments; (iii) Policies and Procedures; (iv) Training and Communication; (v) Reporting and Investigations and (vi) Monitoring and Auditing. Therefore, it is important to ensure that each of the ESG program elements is properly tailored and implemented to suit each company’s particular business and that such elements are regularly updated to address changes in an organization’s governance, operations, and regulations.

MDO Partners works with clients to create, modify and implement effective ESG programs that help ensure each of the program elements are adequately addressed in order to (i) facilitate compliance with applicable law and reduce the risk of violations; (ii) provide a stronger defense against regulatory enforcement actions for any such violations; and (iii) strengthen shareholder, customer and public confidence, trust and loyalty.

Our experience with global companies, includes domestic and international matters in the following foreign countries: Argentina, Australia, Brazil, Canada, Chile, China, France, Germany, Hong Kong, Japan, Mexico, Netherlands, New Zealand, Singapore, South Korea, Spain, Switzerland and United Kingdom. We have also established strong relationships with local counsel in each of the above countries to assist with relevant local issues as they arise in relevant matters.

The core ESG service line includes:

  • Compliance

  • Custom Industry Related Approach

  • Disclosures

    • Be preemptive as opposed to reactive and be authentic and transparent.

    • Seek stakeholder involvement with sharing your company’s narrative that you want to display to the world.

  • Due Diligence

  • Human Rights

  • Reporting and Investigations

    • Employees should have a method for reporting violations of law and policy in a company. MDO Partners can assist companies in establishing a viable reporting structure or program. Our attorneys also have experience in dealing with various hotline or helpline programs, so we can provide guidance in selecting appropriate service providers.

    • When a violation of law or policy is reported, it’s important to promptly and thoroughly investigate such reports. MDO Partners can assist clients in conducting internal investigations or simply provide guidance on how such investigations should be conducted.

  • Privacy & Data Protection

    • PRIVACY AND DATA PROTECTION Data privacy threats and breaches can have serious consequences on a company's business, reputation, and financial condition.

  • Risk Assessments

    • Regulators, rating agencies, and other stakeholders expect companies to conduct assessments to ensure they are not exposing the company to unreasonable levels of risk. MDO Partners can conduct a risk assessment of a company to independently review financial, regulatory, employee relations, geographic and other risks tailored to specific needs.

  • Employment & Labor Law

    • Companies face a variety of employment issues putting themselves at risk of litigation, damages, and reputational harm. At MDO Partners, we work with our clients by being proactive and conducting a thorough analysis of a company’s employment law needs and demands. We guide our clients in developing policies, procedures, and strategies to manage the employment risks that may arise. Below is a description of our various employment law services.

  • Ethical Culture

    • Ethical culture starts with tone at the top but doesn’t end there. Employees, investors, vendors, and customers take their cues from what they observe, not just what they are told. MDO Partners can assist clients in assessing their culture based on a review of key policies, reporting mechanisms, and interviews.

  • Code of Ethics and Policies

    • The Code of Ethics is the cornerstone of any compliance and ethics program. It provides guiding principles and values which set the tone, spirit, and culture of the company. The Code of Ethics also emphasizes compliance with important applicable laws and outlines expectations for ethical conduct by employees, officers, and directors.

    • MDO Partners has experience in drafting, revising and assessing various Codes of Ethics. We understand the requirements posed by publicly-traded companies to adopt such codes and the best practices that should be incorporated in drafting them for companies of all sizes.

  • Ethics Training and Communications

    • Training employees, officers, and directors of a company’s Code of Ethics and policies is critical to establishing an effective compliance and ethics program.

    • The attorneys and advisors at MDO Partners have significant experience in drafting training modules and conducting live training for various companies on a wide array of topics, including Anti-Corruption, Antitrust, Insider Trading, Conflicts of Interest, etc. It’s also important to issue periodic communications throughout the company on the Code, policies and related matters, which MDO Partners can help draft.