Legal Considerations
in Responsible Investment

The Grant & Eisenhofer ESG Institute

Global investor interest in sustainable and responsible investment continues to accelerate at a rapid pace. Responsible investment strategies take into consideration environmental, social and governance (ESG) factors in portfolio selection criteria and management, with the belief that better corporate ESG profiles result in fewer disasters or corporate scandals, and better long-term returns. As one example of investor enthusiasm for ESG funds, London-based ETFGI reported in December 2021 that assets invested in ESG ETFs and ETPs listed globally had reached a record $371 billion.*  Responsible Investment currently represents approximately 36% of all professionally managed assets worldwide.**  Investment policies that integrate ESG criteria tend to express investor values specific to weapons, carbon emissions, fossil fuel reserves, labor conditions, human rights, corporate governance, executive compensation, #metoo and other social and environmental issues. Corporate engagement and shareholder activism are additional approaches investors are increasingly using to influence corporate behavior in furtherance of ESG principles.

With over a quarter century of actively protecting and promoting the rights of institutional investors and public entities, Grant & Eisenhofer has built a legacy in corporate governance with an unwavering commitment to responsible investment. The Firm has cemented this history with an initiative expressly designed to address the increasing dialogue on ESG within the institutional investor community – the Grant & Eisenhofer ESG Institute. The ESG Institute is a non-profit organization established in 2017 with the mission of harnessing its members’ legal skills to work with investors to further a wide array of ESG goals. To this end, the Institute pursues select matters exclusively to promote legal issues related to ESG considerations, and offers thought leadership in the discipline. The Institute also aims to address, on an ongoing basis, the legal issues that decision-makers and stakeholders in the investment community grapple with in implementing responsible investment criteria.

Some of the legal issues the ESG Institute focuses on include:

  • Sustainability and Fiduciary Duty
  • Climate Change and Securities Law
  • Corporate Legal Responsibility for Activity in Developing Countries
  • Legal Challenges to Limit Compensation

The ESG Institute is led by G&E's Caitlin Moyna in the U.S. and Nadia Klein in the UK. It is also guided by an Advisory Board comprised of a diverse range of investors with global experience spanning asset managers, public pension funds and nonprofits, all of whom have a demonstrated track record of commitment to ESG causes.

View examples of G&E's ESG-Related Cases

Proportion of Global SRI Assets by Region

  * Source: ETFGI Press Release – December 17, 2021
** Source: Global Sustainable Investment Review 2020 © Global Sustainable Investment Alliance 2021

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SEC Votes 3-1 on Climate Change Disclosure Rules
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G&E Petitions to Block Palm Oil Imports Using Child and Forced Labor
ESG Initiatives Adopted by Exchanges
Hedge Funds Making Progress, But Slow to Adopt ESG
Uzbek Working to End Forced Labor in Cotton Fields
EU Agrees on New Requirements Regarding Sustainable Investments and Sustainability Risk Disclosures
Investment Professionals Increasingly Focused on ESG Factors
Aon Survey Shows 68% of Global Investors Consider Responsible Investing Important
Large Investors Ask SEC to Issue Rules on ESG Disclosure Standards
Ninth Circuit Holds No Duty to Disclose Unfair Labor Practices Under California Consumer Protection Law
D.O.L. Qualifies ERISA Fiduciaries’ Obligations Regarding ESG Considerations

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