ESG & Sustainability: Experience

Green Finance

  • AIB Group on its €1bn inaugural green bond issuance in compliance with ICMA’s Green Bond Framework.
  • IPUT on its first real estate green financing based on the LMA’s Green Loan Principles.

 

Corporate M&A

  • Neste, a Finnish listed company, in the purchase of a Walco Foods. Neste are a €38bn Finnish listed company which creates solutions for combating climate change and accelerating a shift to a circular economy. They refine waste (in this case animal fats) and turn them into renewable fuels and sustainable feedstock for plastics and other materials.
  • SDCL Green Energy Solutions Fund LP on the establishment of an Irish limited partnership managed by Sustainable Development Capital LLP with the purposes of investing in sustainable energy infrastructure and completion of inaugural rounds of debt and equity funding.
  • SDCL Green Energy Solutions Fund LP on the acquisition of three of the targeted seed assets, a proposed efficient combined heat and power (CHP) and district heating project, a battery storage facility and associated synchronous condensers and a proposed renewable natural gas plant.
  • Aker Horizons AS on its €1bn acquisition of Mainstream Renewable Power Limited.
  • Asper Iona HoldingCo Ltd on the acquisition of electric car charge company ePower.

 

Corporate Governance

  • Exergyn Limited on corporate governance and new US$35m investment to advance development of patented emissions-free heat pump for use in HVAC-R.
  • A number of Boards of large and medium sized Irish corporates, on ESG regulatory and compliance horizon scanning and on preparing for the corporate sustainability due diligence directive and the corporate sustainability reporting directive.

 

Renewable Energy

  • Offshore wind projects advising on the development of over 5GW of offshore wind projects.
  • Parkwind in the development of Oriel Windfarm.
  • EDF/Fred Olsen on the development of Codling Offshore Windpark.
  • Iberdrola/DP Energy on the development of Inis Ealga, Shelmalere and Clarus Offshore Windfarms.
  • Onshore windfarms: advised on the development, construction and financing of over 40 onshore windfarms with aggregate capacity of in excess of 2GW and in over €2bn of onshore wind M&A transactions.
  • Solar projects: advised on the largest number of solar projects in Ireland. Our all island solar team has advised on the acquisition, construction and financing of more solar projects than any other firm on the Island.
  • Advised developers, equity investors, energy utilities and funders on ground mounted and rooftop solar projects in Ireland and Northern Ireland, both on a portfolio and single asset basis.
  • Energy storage and grid services solutions - significant experience advising on battery storage projects and other grid services and DS3 services solutions.
  • Advising on a two phase hybrid diesel and battery storage solution as well as a number of integrated wind and battery storage projects, including the first of its kind to be deployed in Ireland.
  • Data centres: development, acquisition, financing and operation of data centres.
  • Advising across multi-faceted aspects of data centre development, from energy regulatory matters, grid connections and electricity supply arrangements to planning & environmental matters, tenancy arrangements, service level agreements and construction contracts.
  • Energy efficiency projects: across the island of Ireland, we have advised utilities outsourcing contracts for breweries, dairies and manufacturing facilities and hotel energy efficiency retrofitting projects.
  • Advised on the financing of major energy retrofit schemes and energy savings sharing projects for two major hospitals.
  • Advised on planning, real estate, energy regulation and commercial contracts in the electrical vehicle (EVs) sector.
  • Energia hydrogen production pilot funded by Interreg North West Europe and GENCOMM to fuel Translink’s hydrogen bus scheme in Belfast.
  • Arklow bank project Phase 1, we advised on the successful development of an offshore wind project in Ireland.

 

Green Insurance

  • (Re)insurers, intermediaries, fund managers, credit institutions and other regulated entities on all aspects of ESG and sustainability-related requirements and regulatory expectations including under SFDR and the Taxonomy Regulation, Solvency II, the Insurance Distribution Directive and MiFID.
  • SFDR disclosure and Taxonomy Regulation obligations advice to insurance market participants and intermediaries. Support in relation to classification of products and investments.
  • Advice and support (including executive training) to insurance sector firms, Board members and key function holders in relation to ESG matters, responsibilities and anticipated CBI expectations.
  • Supporting insurance sector firms with forward planning for ESG. In particular, for IDD and Solvency II regime amendments (in addition to SFDR). Advising / assisting on key overlaps, alignment/mis-alignment and cross-impacts for insurance sector firms within groups having other sectoral ESG rules and impacts (e.g. MiFID activity).
  • Solvency II-related advices and support to insurers and reinsurers. Including relating to ESG-related impacts on issues including ORSA (own risk and solvency assessment); risk management; outsourcing impacts; governance; and Investments and capital.
  • Personnel aspects of ESG, in particular, potential impacts on Fitness & Probity (including in light of indications from the CBI and other regulatory authorities); and diversity.
  • Themes and trends in the pipeline for ESG and climate related developments (and connected recommendations in terms of compliance risk and other matters) to insurance market participants and intermediaries.
  • Advice relating to the underwriting of brown industry policyholders.
  • ESG matters connected to listing rules and expectations.

 

Investment Funds

  • A broad range of UCITS management companies and AIFMs, as well as the UCITS and AIFs they manage, on compliance with SFDR disclosure requirements and categorisation of products as so called "light-green" and "dark-green" funds under SFDR.
  • Leading European ETF issuers on the establishment of Article 8 and Article 9 index tracking ESG and sustainable ETF products.
  • Establishment of a Qualifying Investor AIF platform established to generate measurable social impact while achieving long-term capital growth for investors by making socially responsible investments in developing countries globally.
  • The first Irish UCITS with a carbon offset mechanism.
  • A UK infrastructure and private equity manager on the establishment of an Irish limited partnership to support Irish SMEs transition to the low-carbon economy.
  • A range of leading Money Market Fund platforms on the establishment of Article 8 Money Market Funds including restructuring existing products to disclose under Article 8 of SFDR.

 

Green Real Estate & Property and Green Construction

  • Advising the owner of 76 Sir John Rogerson's Quay in relation to the lettings and the ultimate sale of the LEED v4 Gold certified building.
  • Statkraft on the acquisition of a portfolio of solar power development projects throughout Ireland.
  • Developers and employers on the inclusion of LEED and BREEAM certification requirements within development documents and other sustainable constructions key performance indicators.
  • Developers on the public realm strategy for the development and integration of a new quarter including pedestrian linkages with greener spaces, bicycle connections with existing city links and redistribution of road space cutting down on vehicular use.
  • Mater Hospital and St. James Hospital financing of energy performance contracts.
  • An employer on an office development seeking to obtain an International Living Future Institute Zero Carbon certification.
  • Participating in the Chancery Lane project with members of the legal community to assist with drafting sustainable and climate aligned model clauses for integration into construction contracts, leases and finance documents.
  • Advising the developer of 60 Dawson Street and Grafton Place in respect of the design, construction and letting of the buildings requiring LEED, WELL and Wired Score certification.
  • Mapletree Investments PTE Ltd on the green financing of Nova Atria, Dublin 18.
  • IPUT on the property elements of a €200m green finance deal and the negotiation of green lease clauses in leases for IPUT across its portfolio of properties in Ireland.
  • A syndicate of international lenders on the financing of Brookfield Renewable Energy's portfolio of 17 operational windfarms.
  • Advising the developer in respect of the development and funding of a large residential scheme using sustainable investment criteria for the purpose of EU taxonomy requirements.

 

Employment

  • Advising clients on a broad range of matters associated with diversity, equality and inclusion strategies. Including the implementation of diversity and inclusion initiatives, preparation of dignity at work policies and procedures, and the investigation of discrimination, bullying and harassment complaints.
  • Assisting clients to ensure they have compliant and robust whistleblowing programmes in place that promote a culture of speaking up and facilitate the effective investigation of reported concerns.
  • Advising employers in relation to their statutory obligations to protect the health, safety and wellbeing of their employees while at work, including the particular obligations which apply to homeworking arrangements.
  • Advising clients in relation to the manner in which they engage and consult with employees on various matters, including the initiation and operation of employee representative bodies.
  • Compliance with gender pay gap reporting requirements and related issues.
  • Executive remuneration policies and practices.
  • Various employment practices and policies that are being initiated or implemented to support ESG strategies and policies.
  • Advising clients on initiatives that are introduced in the workplace to encourage social interaction and engagement.
  • Pro bono advice and representation in relation to a modern slavery issue. This work was conducted in conjunction with the Migrant Rights Centre Ireland and the Public Interest Law Alliance.
  • Advising on the employment law implications of the transfer of management of a number of hostels from Saint Vincent de Paul to Depaul. This work was done on a pro bono basis.
  • Preparing and delivering presentations to migrant women in relation to their basic employment rights in Ireland. These presentations were delivered in conjunction with the Irish Refugee Council and Mudem on a pro bono basis.

 

Green Pensions

  • Advising trustees on their investment duties and taking into account the potential long-term impact of investment decisions on ESG factors.
  • Drafting and advising on ESG matters in the context of statements of investment governance, statements of investment policy principles and other policies mandated by IORP II and the Pensions Authority.
  • Advising trustees on mandatory SFDR-related disclosures in scheme documentation and remuneration policies.
  • Providing training to trustees and consultants on trustee obligations in relation to ESG factors and considerations and SFDR matters.