Sustainable investments and finance

While focused on generating returns, asset managers and investment funds must now also foster sustainability. That complex work involves integrating ESG factors, complying with regulations and managing ESG-related risks such as greenwashing.

From the fund product design stage onwards, we advise clients on how to manage risk by ensuring their investment strategies and disclosures comply with the SFDR and the Taxonomy Regulation. We also work to ensure fund managers institute the right policies and governance arrangements to accommodate sustainability-related changes to UCITS and AIFMD. 

To help clients put in place risk management frameworks and negotiate contractual protections with ESG data and rating providers, we collaborate with colleagues firmwide.

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As the aviation industry pursues sustainable energy goals, it’s also looking at more sustainability-linked finance and leasing, such as green bonds, green loans and sustainability-linked leases.

At the same time, the sector must manage compliance with increased environmental regulation while meeting lease rates and accommodating ESG factors across their investment and risk frameworks.

Our unrivalled specialist team of four partners and over 20 lawyers advises on financing structures, market-leading transactions and ongoing operations. Our expertise spans leasing, sales, financing, joint ventures, M&A, asset-backed securitisations, aircraft CLOs and high-profile restructurings.

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While European public sector funding is providing much of the extra funding needed to achieve 2030 climate and energy targets – €260bn a year according to the European Commission – more is needed. Private capital and debt must bridge the gap.

To attract private finance, substantial global, EU and domestic initiatives connect finance with climate action and the sustainability agenda. We’re advising clients on how to make the most of this opportunity.

In debt finance, meanwhile, demand for sustainability-linked loans and green loans is rising fast. We advise corporate loan borrowers and lenders with contractual economic incentives and other sustainability performance targets based on the Loan Market Association's (LMA) Sustainability Linked Loan Principles and its Green Loan Principles.

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(Re)insurers are key to identifying and measuring material ESG risks, particularly climate change, despite the current data gap. The industry is also uniquely placed to help drive the move to a low carbon economy. 

For (re)insurers themselves, sustainability spans every function and process, inwards and outwards, upstream and downstream. Our expert team advises across obligations and risks relating to investments, underwriting, capital, risk management, governance, own risk and solvency assessment (ORSA) processes and more.

We work to ensure compliance with ESG-specific legislation, the Insurance Distribution Directive (IDD), Solvency II, MiFID, the Digital Operational Resilience Act and the EU AI Act. We also work to ensure clients meet Central Bank of Ireland guidance for (re)insurers and have robust verification systems for this and all relevant disclosure obligations. 

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Through its investment decisions and risk management approach, the pensions industry is a crucial ESG steward and promoter. It must also be ready for scheme member and sponsor demands on sustainability, including potential litigation.

Our specialists advise the trustees of large defined benefit, defined contribution and master trust pension schemes on ESG matters. These can involve investment duties, decision-making and governance, including mandatory SFDR-related disclosures and other Irish and European obligations.

We also advise trustees on their statutory governance duties and responsibilities. These can relate to board composition, decision-making, conflicts of interest and other oversight.

With knowledge-sharing core to our client service, we give ESG training to trustees, consultants, employers, and providers.

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