Governance and management

Informed boards know ESG is increasingly critical to finding, assessing and managing both risks and opportunities.

When it comes to M&A, for example, boards are acutely aware that strategic investors focused on long-term value creation are seeking acquisition targets with ethical, sustainable and strong governance policies.

In fact, boards must allow for ESG as they plan and make  decisions around finance, licensing, markets, supply chain, infrastructure and compliance. That’s especially true in sectors such as energy, transport, agriculture, food, materials, buildings and financial services.

Our specialist lawyers advise many Irish and global businesses on transactions with a strong sustainability focus. We ensure they meet ESG regulatory and compliance requirements, while being prepared for likely future demands.

With the push on to transform the EU into a modern, resource-efficient and competitive economy, the European Commission is keen to ensure EU competition rules complement environmental and climate policies more effectively.

Our expert team advises clients on joint ventures, acquisitions and competition law as needed. When it comes to competition law, we find sustainability expertise is mainly needed across merger control, antitrust and state aid.

We advise clients on areas such as the acquisition of sustainability innovators, deals that can be referred for review to the European Commission by local authorities. They also trust our expertise on following antitrust guidance around green innovation and sustainability standards.

With public spending accounting for about 14% of EU GDP, there’s a clear drive to switch to sustainable goods and services, to achieve green targets, influence the market and incentivise industry.

Green public procurement (GPP) represents a real opportunity for businesses that can meet the criteria, including proof of compliance and environmental management measures.

GPP can involve anything from using renewable energy to buying fairly traded products or insisting on sustainability in technical product specifications.

Our specialist team advises clients on developing GPP policies, navigating public procurement rules, correctly incorporating GPP criteria into tender documentation correctly and carrying out risk assessments.

As buyers, investors, consumers and regulators demand greater accountability, ESG-focused due diligence is becoming ever more important for businesses. That’s true of their strategic planning, M&A and equity raising, and right across the supply  chain.

Devising an effective, manageable scope for ESG due diligence is vital, as is managing the resulting data and quantifying findings. That’s needed for onboarding new partners and suppliers, and for evaluating existing ones.

Our expert team advises corporates and the public sector on critical issues, such as preparing for the CSDDD and other legislation. Our work extends to helping them develop sustainable strategies, business models, operations and investments.

Tax policy is vital to building climate resilience and meeting net zero goals. That’s why individuals and corporates are seeing more environmentally-focused Irish and EU tax measures. Some incentivise (investment in green energy, for example), while others deter (carbon taxes and plastic bag levies).

Tax considerations arise across the board, for operational factors such as vehicles, equipment, retrofitting and emissions trading, or for larger-scale strategic programmes relating to renewables such as M&A, capital investment and so on.

Naturally, companies must also meet regulatory and stakeholder expectations around tax transparency and reporting.

Our tax lawyers are deeply experienced in advising on renewable energy transactions, mandatory reporting and other relevant considerations.