At this webinar, our top ESG and environmental experts from across the Clifford Chance network gave an overview of the CSDD directive, discussed who is impacted, and focused on the challenges of extending value chain due diligence into the environmental domain and the risks for business.

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At this webinar, our top ESG and environmental experts from across the Clifford Chance network gave an overview of the CSDD directive, discussed who is impacted, and focused on the challenges of extending value chain due diligence into the environmental domain and the risks for business.

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The webinar focused on the human rights elements of the new EU corporate sustainability due diligence proposal which were published on 23 February. The Clifford Chance team, including Rae Lindsay, Partner, Thomas Voland, Partner, Anna Kirkpatrick, Senior Associate and Michelle Williams, Partner, provided an introduction to the proposal, including discussing some of the measures which companies will need to take. They also discussed how the proposal compares to new and upcoming legislation which is already in place in European jurisdictions and considered the implications for non-European businesses, as well as covering the forms of enforcement that would apply.

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The webinar focused on the increase of litigation claims against companies in relation to ESG issues. We examined the different types of ESG litigation cases that we have seen across Europe, including climate change, greenwashing and human rights, and also discussed the rise of criminal cases relating to ESG issues. We reviewed the various legal strategies being used against companies and examined the role which NGOs have been playing in driving ESG litigation. We ended the conversation by discussing the trends that we are likely to see in relation to ESG litigation across Europe, including the role of regulators.

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Speakers shared their relevant insights from across Europe and addressed the following key topics: A perspective on the Airlines sector by Richard Moody; an overview of some recent restructurings in the Airlines sector; and solutions and challenges in Airline restructurings including those arising under the newly introduced restructuring tools.

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The European Union has expressed a clear ambition to ensure that ESG factors play a pivotal role in the European market and beyond, to promote sustainable long term business models and behaviours. Session 4 in our ESG Series focused on the European Union's current consultations on sustainable corporate governance in the context of the European Green Deal. We explored the scope of the proposed legislation including the mandatory Human Rights and Environmental Due Diligence aspects, and we discussed how to influence the consultation process and how best to prepare for the next stage.

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Session 3 in our ESG Series focused on national and transnational regulatory developments in Europe impacting regulated entities such as Asset Managers, Banks, Financial Investors and Insurance companies. In particular, our panel of experts explored how regulated entities can seize on opportunities whilst mitigating complex potential legal and commercial risks.

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Business decision-makers increasingly require a deeper understanding of ESG related risks in order to mitigate those risks alongside seizing on the undoubted opportunities. Session 2 in our ESG Series focused on the need for companies to manage and grow their business in a highly uncertain business climate whilst mitigating new and rapidly evolving ESG risks.

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Both financial investors and decision-makers in non-financial sectors are facing increased regulatory and stakeholder pressure, requiring a deeper understanding of ESG developments in order to seize opportunities whilst mitigating complex potential legal and commercial risks. Session 1 in our ESG Series focused on what ESG means for European businesses in terms of legal risks and opportunities, sharing our industry expertise and unique EU public policy insights.

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