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Environmental, Social and Governance (ESG)

ESG considerations have risen to the top of the agenda for investors and businesses concerned about sustainability and doing business responsibly. Our dedicated multi-disciplinary ESG lawyers work seamlessly together to assist clients with the identification and integration of ESG priorities at all levels of their business.

Our ESG Group

As organisations are faced with an increasing focus on ensuring that they have positive impacts for their stakeholders and the environment, sustainability and doing business responsibly can no longer be ignored if they want to grow and thrive.

Our ESG team works with our clients to identify and integrate ESG priorities at all levels of their businesses. We advise clients on areas such as energy transition, climate action, sustainable finance and green bonds, sustainable real estate investment and development and green leases. The team have worked with financial institutions to develop lending programmes for minority communities and we’ve also advised on the financing of social housing units. On the governance side, we’ve advised clients on the legal aspects of ESG investments as well as on issues relating to ESG reporting, maintaining ESG records and issues around “green-washing”.

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Environmental

Major projects and transactions are increasingly driven by environmental imperatives, with environmental considerations being central to many other commercial contracts, projects, transactions and disputes.

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Social

Social impacts are an organisation’s direct and indirect impacts on internal and external stakeholders.  An organisation that measures and monitors social impacts offers stakeholders greater confidence that it is less vulnerable to risk and is more likely to generate goodwill inside and outside their organisation.

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Governance

Companies are under increasing pressure to define their purpose in society and to deliver on the ESG promises they make. How an organisation is governed is essential in achieving these objectives.

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ESG Insights

Greenwashing in the financial sector: ESAs publish progress reports
02/06/2023 Insights

Green Bonds: Update on EU Green Bond Standard Regulation
01/06/2023 Insights

ESG and Securitisation: ESG disclosures for certain STS securitisations
31/05/2023 Insights

Sustainability-Linked Loans: LMA publishes model provisions
22/05/2023 Insights

Horizon Scanner: Finance
10/05/2023 Insights

Horizon Scanner: Infrastructure, Construction, Energy (May 2023)
05/05/2023 Insights

Renewable Electricity: RESS 3 Auction
04/05/2023 Insights

Fit for 55 and REPowerEU: Update on Gas Reform
03/05/2023 Insights

Fit for 55 and REPowerEU: Expanded EU Emissions Trading System
03/05/2023 Insights

EU Taxonomy: Commission consults on Environmental Delegated Act
06/04/2023 Insights

Horizon Scanner: Infrastructure, Construction, Energy (April 2023)
06/04/2023 Insights

EU Electricity Market Reform: Energy Storage
04/04/2023 Insights

ECB calls for greater detail around Energy Performance of Buildings
04/04/2023 Insights

Fit for 55 and REPowerEU: Gas Sector Reform and More
04/04/2023 Insights

Fit for 55 and REPowerEU: Recast Renewable Energy Directive among instruments agreed
03/04/2023 Insights

EU Electricity Market Reform: Offshore Grid Access
03/04/2023 Insights

EU Electricity Market Reform: Grid Development
03/04/2023 Insights

EU Electricity Market Reform: Key Points
31/03/2023 Insights

Government Policy on Phase 2 of Offshore Wind Development in Ireland
20/03/2023 Insights

Climate Action Plan 2023: Government finalises Annex of Actions
09/03/2023 Insights

ESG

Services

News

Arthur Cox advises Ørsted on Irish offshore wind portfolio

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Arthur Cox features in The Legal 500 Green Guide: EMEA 2023

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Arthur Cox leads the development of Irish Green Lease Clauses

With the increased focus on Environmental Social and Governance (ESG) factors across all sectors and the emissions reduction targets for the built environment recently set out in the Irish Government’s Climate Action Plan 2023, the publication of green clauses for Irish commercial leases is a significant development for owners, occupiers and real estate professionals.

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Podcasts

Pensions and ESG

18/10/2022
ESG Podcast

Company Law: Back to Basics – Connected Persons and Substantial Property Transactions

23/02/2022
ESG Podcast

IORP II

17/02/2022
ESG Podcast

Company Law: Back to Basics – Mergers

14/12/2021
ESG Podcast

Asset Management and Investment Funds Podcast: Liquidity Risk Management

14/07/2021
ESG Podcast

Company Law: Back to Basics – Summary Approval Procedure

08/07/2021
ESG Podcast

Asset Management and Investment Funds Podcast: Annual Investment Manager Presentation

02/07/2021
ESG Podcast
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Knowledge

ESG Newsletter Q2 2023

31/05/2023
ESG Knowledge

European Commission responds to ESAs’ questions on SFDR

21/04/2023
Briefing

2023 Priority Legislation for Publication in the Life Sciences Sector

31/01/2023
Briefing

Ireland’s Climate Action Plan 2023

11/01/2023
ESG Knowledge

New emergency legislation proposed by the European Commission to fast-track consenting processes for renewable energy in Europe

11/11/2022
Briefing

Arthur Cox contributes to Mondaq’s ESG Guide

06/09/2022
ESG Knowledge

Arthur Cox contributes to Ashurst’s global guide on “Investing in hydrogen”

28/07/2022
ESG Knowledge

Irish Building Magazine Series

04/07/2022
Briefing

Energy Transition: One year on from Fit for 55, REPowerEU signals further significant reform

24/06/2022
Briefing

A voluntary or mandatory EU Green Bond Standard? The debate continues

23/05/2022
Article

New Rules for the Agri-Food Sector

20/04/2022
Briefing

EU Proposes New Due Diligence Obligations for Companies and their Directors

03/03/2022
Article

Arthur Cox contributes to the Lex Mundi Global Anti-Corruption Compliance Guide

18/02/2022
ESG Knowledge

Energy Transition in Ireland – November Update on Targets, RESS Auctions and Grid Development Policy

17/11/2021
Briefing

The Irish Courts strengthen their position as a jurisdiction for resolving IP and technology disputes

26/10/2021
Briefing

Latest on Offshore Wind in Ireland: Support Scheme and Grid Connection Consultations

14/10/2021
Briefing

Government Housing for All Plan – Snapshot of Key Measures

03/09/2021
Briefing

European Green Deal takes shape in Fit for 55: What does it mean for Ireland?

22/07/2021
Briefing

Progress for Ireland’s Offshore Energy Sector: The Maritime Area Planning Bill is ready to go

09/07/2021
Briefing

The European Commission’s EU Sustainable Finance April Package

27/05/2021
Briefing

Offshore Wind Energy: Ireland plots a course towards a centralised approach to grid development

13/05/2021
Briefing

ESG under the microscope: Regulatory developments in the space

03/12/2020
ESG Knowledge
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ESG Contacts

Alex McLean

Alex McLean

Partner | Dublin

Alex is the Head of Sustainability and ESG and a member of the Arthur Cox Sustainable Business Committee, with particular responsibility for the firm’s Pro Bono practice. Alex has a broad based infrastructure and utilities practice, with particular expertise in renewables, energy and natural resources law. Alex has almost twenty five years energy regulatory, transactional and major projects experience in Ireland and Australia and has been centrally involved in the liberalisation of the energy markets in both jurisdictions. He has extensive experience acting for government, regulators, financiers, market participants and customers, both on the island of Ireland and internationally, and combines broad industry expertise with a strong background in energy regulation and reform. He leads our cross-departmental ESG Group, which assists clients with the identification and integration of ESG priorities at all levels of their business.

Maedhbh Clancy

Maedhbh Clancy

Of Counsel | Dublin

Maedhbh is Of Counsel with the firm’s Finance Group. She has significant experience in the areas of financial regulation, lending, debt capital markets and partnership law. Maedhbh is responsible for legal, regulatory and commercial awareness; horizon-scanning for clients; education (internal and client) via training and tailored legal and regulatory updates; the publication of industry alerts on key developments; and the development and implementation of other strategic initiatives in the areas of know-how, risk management and precedent development. Maedhbh is the editor of Twomey on Partnership (2nd ed., Bloomsbury Professional, 2019) and the author of a number of industry publications. She is also a member of sub-committees of various industry groups including the International Capital Market Association and the Irish Debt Securities Association.

Phil Cody

Phil Cody

Partner | Dublin

Phil Cody is a partner in the firm’s Finance Group.  Phil advises on a broad range of finance and financial services matters. His practice encompasses structured finance, derivatives, debt capital markets, lending transactions (domestic and cross-border, both lender and borrower), financial regulation, and transactions involving investment funds (including fund finance).  Phil is a trusted adviser to many of the leading Irish and international financial institutions on Irish law matters and is a go-to Irish counsel for foreign market participants and law firms.  Phil leads the firm’s derivatives and trading practice and regularly advices on derivatives, repos and securities lending matters and related netting, collateral and regulatory issues.

Danielle Conaghan

Danielle Conaghan

Partner | Dublin

Danielle is a partner and Head of the Environment and Planning Group, and is a founder member of the firm’s Food and Agribusiness Group. Danielle has specialist expertise and uses her project management skills in advising on matters including the decision-making processes from pre-consultation and application stages through to oral hearing, construction and operational stages and securing and assessing the risk of providing project-financing. Danielle regularly presents at national Environmental, Planning and Energy conferences; lectures on the Law Society of Ireland Environmental Diploma Course and is co-author, with Dr. Yvonne Scannell, of the annual environmental chapter of ‘Construction Projects: Law and Practice’, published by Thomson Reuters.

Mairéad Duncan-Jones

Mairéad Duncan-Jones

Partner | Dublin

Mairéad is a partner and Head of Knowledge, Learning and Development at the firm. Mairéad is responsible for the management of the firm’s Knowledge, Learning and Development function and the development and implementation of the firm’s Knowledge, Learning & Development strategy.

Grainne Hennessy

Grainne Hennessy

Partner | Dublin

Grainne practises in finance law with particular emphasis on real estate finance, construction finance, syndicate financing, leveraged financing, receivables financing and lending to QIAIFs, ICAVs and REITs. Grainne advises financial institutions and borrowers on: syndicate finance; real estate finance (including student accommodation and social housing); construction finance; leveraged acquisition finance; green and sustainable finance; debt restructuring, including debt for equity swaps, warrant issues and debt write offs; financing to Qualifying Investor Alternative Investment Funds (QIAIFs); Irish Collective Asset-management Vehicles (ICAVs); Real Estate Investment Trusts (REITs) and Limited Partnerships; unitranche financing and mezzanine financing. Grainne is ranked as a “Star Individual” by Chambers and Partners, the only Banking and Finance lawyer in Ireland with this ranking.

Rachel Hussey

Rachel Hussey

Partner | Dublin

Rachel is Clients and Markets Partner at the firm. Rachel has more than 20 years’ experience of business development in the legal profession, specialising in client engagement and development strategies to secure sustainable relationships and competitive advantage, domestically and internationally. Her focus is on strategic lead generation; strategic client account programmes and teams; client satisfaction, experience and value initiatives; marketing and business development programmes and creating, implementing and leading industry and client events. Rachel is a member of the firm’s Management Committee and sits on the Equality, Diversity & Inclusion Committee. Outside the firm, Rachel is a member of the Governing Authority of DCU and has recently completed her term as Chair of the 30% Club in Ireland.

Suzanne Kearney

Suzanne Kearney

Of Counsel | Dublin

Suzanne is Of Counsel and leads the knowledge function within the Corporate and M&A Group. She has significant experience in company law and practice. Suzanne is responsible for keeping colleagues and clients updated on relevant legal, regulatory, and commercial developments in the areas of company law, corporate governance, corporate transactions, and equity capital markets.  She regularly presents at seminars on a range of topics and authors practice briefings and client alerts.  She represents the firm in discussions with industry groups and regulators on key developments that will impact our clients and is a member of the Law Society’s Business Law Committee.

Sarah McCague

Sarah McCague

Partner | Dublin

Sarah advises on all aspects of pensions law and charity law. She advises trustees and employers on the establishment and day-to-day operation of occupational pension schemes including: on scheme restructuring; liability management exercises; benefit design; benefit reductions; scheme amendments; administration queries for example those in relation to pension adjustment orders; the winding up of pension schemes; and the application of the General Data Protection Regulation (“GDPR”) to pension schemes. She also advises in relation to the application of the Charities Act, 2009 and in particular in relation to applications to the Charities Regulatory Authority; obtaining tax-exempt status from the Revenue Commissioners; the mergers of charities; fundraising queries, and governance matters.

Conor McCarthy

Conor McCarthy

Partner | London

Conor is a partner in the firm’s Corporate and M&A Group and Head of the London office. Conor advises public and private industry-leading Irish and international corporates on all aspects of Irish company law and equity capital markets transactions. Conor advises clients on a wide range of corporate transactions including M&A transactions, joint ventures, corporate finance transactions, cross border mergers, corporate reorganisations and general corporate/commercial law matters. Conor also specialises in advising both issuers and banks in relation to equity capital markets transactions. Conor has advised on some of the most high profile Irish M&A and equity capital markets transactions in recent years. Conor joined the firm in 2014 from Linklaters LLP in London.

Niamh McGovern

Niamh McGovern

Partner | Dublin

Niamh advises a broad range of clients across the energy, construction and infrastructure sectors. Niamh has significant experience advising clients on high value and complex projects in the energy, construction and infrastructure sectors. In the energy sector, Niamh regularly advises corporates, developers and lenders on renewables projects (onshore wind, solar, offshore wind and other renewable technologies), conventional generation projects, joint ventures and all types of commercial contracts.  She has also acted for developers, contractors, and lenders on a wide range of construction projects, PPPs, development finance transactions (including the residential, leisure, and office accommodation sectors), and on the construction aspects of many project finance transactions (principally in the energy, transport and social infrastructure sectors). In addition, Niamh has recently advised on a number of large transactions in the pharmaceutical and telecoms sectors.

Kevin Murphy

Kevin Murphy

Partner | Dublin

Kevin is co-head of the firm’s Asset Management and Investment Funds Group. He has extensive experience in advising on the legal and regulatory issues relating to the establishment of investment funds in Ireland (including UCITS, QIAIFs, ETFs, money market funds and private equity funds) as well as advising on the establishment of UCITS management companies and AIFMs in Ireland (including those with MiFID top-up approvals).  Kevin also advises on ongoing regulatory compliance issues affecting such entities operating in Ireland including inspections and investigations by the Central Bank of Ireland and compliance with other obligations such as ESG/SFDR, GDPR and AML.  He is a regular speaker at industry conferences. Kevin has also contributed to asset management and investment funds industry publications, such as the Financial Times and the Wall Street Journal.  He is a past Chairman of the Irish Funds and is a member of An Taoiseach’s (the Prime Minister’s) Funds Group.

Tara O’Reilly

Tara O’Reilly

Partner | Dublin

Tara is a partner and co-head in the firm’s Asset Management and Investment Funds Group. Tara has extensive experience in advising leading asset managers and fund promoters. Tara has extensive experience advising clients both globally and domestically in the structuring, establishment, management and sale of a wide variety of investment funds in the UCITS and alternative space.  Tara advises those funds, their management companies, servicing operations and directors of their regulation, compliance and corporate governance requirements.  Tara has also advised on a number of large asset management group and platform amalgamations.  Tara has a particular expertise in ETFs and is a leadership member of the Irish chapter of Women in ETFs. Tara is also a regular contributor on asset management and investment funds to international journals and publications.

Deirdre Sheehan

Deirdre Sheehan

Partner | Dublin

Deirdre is a partner in the Real Estate Department and provides comprehensive, targeted advice to public and private sector, domestic and international clients on acquisitions and disposals of commercial property, landlord and tenant matters and property finance arrangements. She regularly provides real estate advices to our corporate, banking, and environmental and planning teams and is particularly experienced in commercial real estate investment transactions, Private Rented Sector (PRS) matters and Purpose Built Student Accommodation (PBSA) deals.

Imelda Shiels

Imelda Shiels

Partner | Dublin

Imelda is a partner in the Finance Group. Imelda advises both borrowers and financial institutions on a wide range of domestic and international financing transactions, including secured and unsecured lending, syndicate finance, acquisition finance, real estate finance, development finance, working capital finance and debt restructuring.

Sarah Thompson

Sarah Thompson

Partner | Belfast

Sarah Thompson is a financial services regulatory partner at Arthur Cox. Sarah has experience in advising a broad range of clients on financial regulation matters and is admitted to practice in Northern Ireland, Ireland and England & Wales. Prior to joining Arthur Cox, Sarah worked in London as a member of the Financial Regulation Group of Linklaters LLP and a partner in the Financial Services Regulatory team of Kirkland & Ellis International LLP.