Green Guide Profile: Seyfarth Shaw LLP
Multinational, multi-service firm Seyfarth Shaw’s ESG, Corporate Citizenship and Human Rights advisory group, launched in 2021 and co-chaired by Chicago-based Ameena Majid and Gina Ferrari in San Francisco, draws together the firm’s expertise to support its clients with their ESG strategies, such as Majid recently assisting a large financial institution with the preparation of its inaugural ESG report. The firm’s commitment to environmental sustainability is also evidenced by its membership in the Law Firm Sustainability Network.
The Atlanta-based team works closely with The Nature Conservancy, among other organizations focused on sustainable practices and environmental awareness, and is highly experienced in the field of solar energy. Individually and together, public and project finance expert Kevin Brown and environmental lawyer Rebecca Davis represent a range of clients in connection with the financing, acquisition and development of solar projects, such as the Central Georgia Joint Development Authority regarding a 128MW solar facility, and the Development Authority of Jefferson County regarding the largest ever solar project in the State of Georgia.
Through its participation in Stanford’s Lawyers for a Sustainable Economy project, the firm has contributed over $730,000 in-kind services to sustainability-focused organizations.
Half of the firm’s US offices are LEED certified, with the Chicago office running on 100% green energy. As part of its Go Green initiative, the firm also places an emphasis on sustainable procurement.
Ameena Majid is co-chair of Seyfarth’s Impact & ESG practice group, as well as leading the firm’s own strategic approach to social impact and ESG. Combining her experience with senior management and executive compensation and her understanding of the ESG landscape (particularly the increasing focus on forced labor and human rights in supply chains), she helps clients understand and respond to the varied stakeholder expectations on their businesses. Ameena collaborates with clients to prioritize their environmental initiatives and evolve them into an ESG strategy.
Gina Ferrari, co-chair of Seyfarth’s Impact & ESG practice group, defends companies against contract disputes, fraud and misrepresentation claims, securities fraud and director and officer liability claims, common law and statutory business tort claims and provides companies with practical and strategic advice on their ESG structure that impacts all their stakeholders, long-term. Gina advises clients on industry trends and standards related to green initiatives for disclosures, contracts, press releases, investor communications, and internal reports.
Rebecca Davis, Partner, represents and counsels clients on a wide array of environmental matters, including regulatory compliance, remediation, permitting, due diligence, brownfields, and alternate energy projects. She also represents clients in complex environmental litigation and enforcement cases involving, among other things, CERCLA and RCRA liability, storm water violations, toxic mold, lead-based paint violations, and property diminution claims brought in federal and state courts. She also routinely advises clients on ESG-related matters, including green build and leasing, emissions standards, property redevelopment and sustainable practices. Prior to her legal career, she was an environmental consultant, microbiologist, and specialty insurance adjuster.
Seyfarth proudly commits to environmental and sustainability initiatives and energy transition through both client services and direct firm undertakings by leveraging a transdisciplinary team comprised of nationally ranked attorneys and practices focused on a variety of service areas including environmental, public finance, and construction, and led by our recently formed Impact and Environmental, Social, and Governance (“ESG”) practice. The collective efforts, described in greater detail below, demonstrate Seyfarth’s comprehensive commitment that sets the firm apart from others.
Engaged Clients
Seyfarth advises on a variety of matters relating to, and servicing clients on, green and renewable energy; green building, LEED and sustainable construction practices; review of green lease provisions, reduction of greenhouse gas emissions; environmental law; permitting and emission standards; and brownfield and redevelopment of contaminated properties.
Diverse Client Impact
Seyfarth’s clients are diverse in background and include numerous Fortune 500 companies, as well as small developers and real estate investors interested in sustainable practices and brownfield redevelopment. Seyfarth also represents development and industrial authorities that receive and administer EPA brownfield grants, and that routinely provide economic incentives for the development of renewable energy projects.
Green Energy, Building & More
Recognizing the increased need for service in the field of green energy, building and branding, as well as the increased interest in ESG, Seyfarth has concentrated attorneys with specific skillsets to the Impact & ESG practice group. As it relates to the “E” in ESG, our team assists clients with taking a holistic approach to a company’s strategy and values as it relates to finance, environmental law, redevelopment, construction, climate change, sustainability and relevant reporting requirements.
Global Impact
Moreover, Seyfarth understands that the need for its green service is an area of global concern, and so our experience is not limited to North America or any other localized area. For example, since 2018, the Hong Kong Stock Exchange (“HKEx”) has been actively revising its ESG reporting framework as part of its ongoing commitment to promote and enhance the quality of the reports to meet investor and stakeholder expectations. Seyfarth’s Hong Kong office provides clients with ESG reporting advisory services, including assisting and advising them on the interpretation of the latest HKEx’s requirements and assisting them with the compilation of their Impact and ESG reports in accordance with the Hong Kong Listing Rules. Seyfarth’s Hong Kong office represents a wide range of small and medium-sized companies in the mineral, oil and gas, and manufacturing industries.
Firm-Wide Commitment
Finally, and not to be overlooked, Seyfarth’s commitment to its own environment and sustainability work as an industry leader, corporate citizen, and caretaker of the people who comprise our firm is exemplary. We have adopted and continue to grow our ESG focus. From our Executive Committee to our newest attorney and staff recruits; from our LEED certified offices to our vendor selection process; and from our philanthropy to our community service work, we prioritize both awareness and action on who and how we are as stewards of environmental and sustainability best practices.
Has your firm established a dedicated ESG/climate change/sustainability practice, team or task force?
Yes, building on the firm’s core values, global reach, and leadership in innovation, Seyfarth established a trans-disciplinary, global ESG team guided by an entrepreneurial spirit grounded in values of co-creation, curiosity, fairness, and conscious leadership as we counsel our clients in the rapidly evolving Impact and ESG space. Further, we have an internal team made up of environmental and ESG lawyers, pro bono leadership, office administration, facilities director, and marketing and communications, who lead the firm’s internal climate footprint taskforce which drives continued improvement in our global operations for environmental impact.
What type of work do you handle in connection with “green change”?
We are involved in a variety of green projects including the project development and financing of a variety of solar facilities and farms, representing investment companies in the redeveloping of contaminated properties, and helping non-profit entities obtain funding for site clean-up and redevelopment through EPA grants and other public financing. We also represent large manufacturers and recycling companies and help our clients in navigate complex climate change guidance and environmental regulations, sustainable practices and environmental justice concerns. Adding the ESG overlay, we assist clients in strategizing on their communication approach to, and prepare, their ESG reports and other disclosures, revise contracts to align with their overall ESG initiatives, and contextualize SEC requirements focusing on their environmental scopes and goals, among others.
Would you like to highlight a particular area of strength?
Our entrepreneurial nature allows our teams to adapt to our clients’ changing needs by connecting the dots among our teams’ expertise to find the right way to service our clients practically in a dynamic area while preserving the integrity of our respective specialities. One of the things that sets Seyfarth apart from other firms is its focus on the construction and financing and clean-up of redevelopment projects. Seyfarth provides a turn-key approach that includes the investigation and acquisition of properties, the negotiation of green leases and construction processes, advise as to renewable energy and sustainability projects, and financing, including through state and federal grants. Another of Seyfarth’s strengths is its ability to tackle all areas of ESG-related litigation, from greenwashing to disclosure violations, to advising clients on SEC requirements and the development of ESG programs.
Has your firm implemented any internal best practises?
Yes, Seyfarth has undertaken a number of efforts to minimize the impact of our operations on the environment and to raise awareness among our people about how to contribute to the long-term survival of our natural resources. Our “Go Green” initiatives include using a secure electronic filing system (which significantly reduces the need for paper files), selecting third-party vendors based on mutual sustainability goals, using recycled paper and encouraging people to use less paper and print double-sided, encouraging the use of filtered instead of bottled water, switching to compact fluorescent lighting, and encouraging employees to turn off lights, computers, and other electronics when not in use. In addition, with the rise of ESG and our firm’s internal undertaking, our Executive Committee has approved an internal environmental working group to assess the ways in which environmental matters are relevant to our own operations and where we can make the most impact for our operations, attorneys and staff, communities, and alignment with our clients. Our team includes a cross-section of Office Administrators, ESG team members, our Pro Bono & Philanthropy Partner and marketing team.
Has your firm joined any external ESG-related projects, networks or initiatives?
Seyfarth is a member of the Law Firm Sustainability Network, a group of law firms who meet regularly to learn from one another, share best practices, and exchange ideas about how to improve sustainability programs. We are also members of United States Council for International Business (USCIB), Cambridge Forum for ESG Leaders, and graduates of UC Berkeley’s Sustainable Capitalism and ESG Online course.
What are your firm’s ESG-related goals?
We have a strong impact footprint across our talent, pro bono and philanthropy, community and client dimensions of ESG, and have identified areas to evolve these dimensions. As a service provider, we are turning our attention to areas of the environment, vendor management, and identifying appropriate metrics for measuring our success. Seyfarth will also continue to grow as a thought leader and counsellor in the area of ESG and grow in the areas of general counselling, redevelopment, renewable energy, and climate change guidance.
Is your firm involved in any relevant pro bono work?
In 2019, Seyfarth joined Lawyers for a Sustainable Economy, a law firm-led effort to provide pro bono legal services to sustainability-focused non-profit organizations and small businesses. This initiative is facilitated by Stanford Law School and Stanford’s Precourt Institute for Energy. Through this program, potential clients complete an intake form; if they qualify for free legal services, Lawyers for a Sustainable Economy creates a project description and circulates the opportunity to the firms participating in the initiative. The project is then placed with an interested firm. The law firms provide a range of transactional legal services to clients, including corporate governance, contracts, real estate, intellectual property, privacy policies, terms of use, and employment advice. Seyfarth pledged to contribute $500,000 in in-kind services to sustainability-focused organizations by the end of 2020. Seyfarth exceeded that goal in 2020, with over $730,000 contributed in in-kind services to these organizations. Seyfarth’s new goal is to give $1,000,000 in pro bono services to sustainability-focused organizations by the end of 2024.
Is your firm involved in any public outreach or client education?
Yes, we provide our clients with education on the ESG space whether from the perspective of an organization in shaping an ESG agenda, an investor or buyer and retirement plan fiduciary, including the leading benchmarking and reporting standards, and its distinction from the approaches of certified B corporations and impact companies. Given the nebulousness of the area, we equip our clients with ways to navigate the space aligned with their nature.
Have there been any recent non-confidential stand-out matters that were particularly innovative, pioneering or complex?
Seyfarth works with several government authorities on solar projects, most notable with Central Georgia Joint Development Authority in connection with the development and financing of the prior largest ever solar project in the State of Georgia, providing over 139 megawatts through a solar farm consisting of more than 500,000 panels. We also conducted an environmental review and advised NantWorks LLC on the formation of a joint venture with the developer of a technologically innovative seaport complex designed to promote aggressive sustainability goals.
Additionally, Seyfarth has a long-standing relationship with Kaufman Capital Partners (“Kaufman”), a real estate investment firm and developer. Kaufman is presently engaged in acquiring and redeveloping certain contaminated properties to help revitalize Doraville, Georgia, and is a pioneer in solving the puzzles necessary to put former chemical plants and environmentally impacted retail spaces back into use as both high-end multi-family housing, is working on affordable and sustainable housing and community development projects. In achieving its objectives, Kaufman has used a number of redevelopment tools to address petroleum and chlorinated solvent contamination, asbestos and vapor intrusion concerns. Seyfarth has assisted Kaufman to navigate these clean-up and redevelopment projects, including through securing federal Brownfield grants and working through funding opportunities through local governments and development agencies. We have also counselled on guidance relating to CERCLA, RCRA, and the BUILD Act, and their state counterparts.
When did ESG, climate change and/or sustainability become an area of focus at your firm?
Seyfarth officially launched the Impact & ESG practice in February 2021. However, the firm’s commitment to work in the areas of environmental law, climate change, sustainability and community infrastructure are not new. Rather, Seyfarth has been representing clients on specific ESG areas of focus for decades. These areas include real estate, discrete environmental matters, human capital management, diversity and inclusion, workplace health and safety, pay equity and many more. Seyfarth has long been a leader in the areas of contaminated property redevelopment and clean-up of contaminated sites, as well as the financing of renewable energy and recycling projects. Additionally, Seyfarth has preeminent public finance and construction groups that has helped local governments and companies to develop nationally recognized sustainable and green build projects.
What has driven your firm’s involvement in a green transition? (Client demand? Business case? Personal attitudes/beliefs/initiatives?)
It’s been a natural component and evolution for our real estate and construction teams. In this regard, it’s both client demand and the business case.
Do you have any strategic plans to expand your work or your initiatives in this area in the future?
We have talked about a few above. The marketplace is demanding organizations to assess their ESG story and approach, develop a strategy and connect it to their business strategy. This takes time and is a dynamic process. As a firm, we have a good foundation and are starting to layer the impact and ESG lens over our activities, just as our clients are. Once we have the foundation, cues on our next steps will be taken by internal efforts and external influences, but guided by our Firm’s values and client needs.
Where do you see the future of ESG/sustainability in the legal community (both in terms of legal offerings and firms’ best practises)?
The language of ESG is infiltrating all aspects of the legal community, but needs to mature. The legal offerings will always be navigating the regulatory and litigation landscape, but the challenge will be to balance that landscape so that ESG does not become about compliance or a check the box exercise. Rather, the legal community will be successful if we serve as business partners to our clients and take both a strategic business and impact lens balanced with compliance.