Environmental, Social & Governance
[In-person] Managing Down Legal and Regulatory Risks Arising from “Greenwashing”
Sustainability and ESG efforts are important for businesses and for consumers. Businesses need to adapt and evolve to meet demand for sustainable products and services, and this creates an environment where greenwashing risks increase. Those risks are now front and centre for regulators, activists and plaintiffs alike, and if they materialise, they can not only harm reputation but be business-threatening. This course looks at those risks, how they materialise and what businesses can do to manage them down.
• Recap of what “greenwashing” is, how it arises and why it is problematic
• Who is at risk of greenwashing and why
• Who is likely to allege greenwashing, and what they can do about it
• A look at some examples of where greenwashing risks materialised, and what we can learn from those examples
• How greenwashing risks can be mitigated
Who should attend
Senior management such as Responsible officers, Managers-in-Charge, directors, CIOs, COOs, CEOs, risk managers and investors who would like to have a better understanding of greenwashing and the related risks.
Described as “an icon in the industry”, Teresa is one of the most prominent corporate and securities lawyers in Hong Kong.
She is the founding partner of Freshfields’ Asia equity capital markets practice and has helped numerous Chinese state-owned, privately-owned and international companies to list on the Hong Kong Stock Exchange (HKSE), including advising on eight out of the ten largest IPOs in Hong Kong. She also has an impressive record on public and private M&A transactions and advises on joint ventures and corporate governance matters.
Among her many public service appointments, Teresa currently serves as one of two vice-chairs of the IFRS Foundation Trustees and as chair its Due Process Oversight Committee. She is also a member of the Trustee Sustainability Steering Committee which was formed to oversee the establishment of the International Sustainability Standards Board (ISSB).
She was appointed as the first female to chair the Hong Kong Stock Exchange’s Listing Committee in 2009 and was deputy chair for three years before. She currently serves as co-chair of the Hong Kong Stock Exchange’s Listing Review Committee. She also served as a non-executive director of the Securities and Futures Commission in 2012 to 2018.
Amongst her many accolades, Teresa was recently recognised as a HERoes Executive Role Model in 2022 for the fifth consecutive year. She was also named in IFLR1000 Women Leaders 2022 - an elite ranking for the most prominent women lawyers globally and in Forbes’ ‘Asia's Power Businesswomen’ list 2021.
Tim has practiced as a litigator in Hong Kong for almost twenty-five years, including two years with the Hong Kong Securities and Futures Commission. Although he focuses on commercial and regulatory disputes and enforcement (often, but not solely, in the financial services space, and commonly opposite regulators and law enforcers), he has a broad practice which also includes non-contentious advisory support.
Tim regularly advises clients on matters involving regulatory compliance (including anti-corruption and anti-money laundering), risk management, crisis-management, and internal investigations. Clients often look to him when faced with complex, sensitive and/or high-stakes issues. He has been widely recognised for many years as one of Hong Kong’s leading practitioners in that space. Tim is admitted to practice in Hong Kong and England and Wales, and speaks English, Cantonese and Mandarin.
Based in Tokyo, Joaquin is an experienced advocate who represents clients in complex international disputes and negotiations, with wide experience in investor-State and commercial disputes both in international arbitration and U.S. federal courts.
Joaquin’s practice also focuses on ESG (environmental, social, governance) issues ranging from risk assessment and due diligence to representing clients in ESG-related disputes, and he is a member of the firm’s Sustainability Leadership Group. His experience includes representing clients in global investigations, U.S. Racketeer Influenced and Corrupt Organizations (RICO) Act and Foreign Corrupt Practices Act (FCPA) litigation, U.S. and cross-border bankruptcy litigation, and general commercial disputes. He also has advised States on issues of public international law, including advising on compensation for victims of war crimes and the devolution of governmental authority to regional bodies.