PLMJ launches Responsible Business practice

PLMJ has launched a new client service practice area, Responsible Business, which offers legal and strategic advice to companies on running their businesses in compliance with the rules of responsible conduct. As a result of the market's more recent focus on considering ESG factors, this practice brings together the firm's experience in matters relating to sustainable and social financing, business and human rights, and business ethics.

PLMJ's Responsible Business area is headed by Bruno Ferreira, who is the firm's managing partner and works in the Banking and Finance and Capital Markets practices, and André Figueiredo, the partner who heads these practices. The team is multidisciplinary and includes lawyers from a number of practice areas that are essential to offer a 360º approach to these matters. They include Capital Markets, Banking and Finance, Energy, Dispute Resolution and Tax.

Bruno Ferreira: "Business activity is subject to an increasing number of demands that are forcing managers to expand their scope of vision considerably. These demands result from the pressure exerted by investors, consumers, employees and governments that companies should consider a set of interests other than simply maximising shareholder profit, and they are framed at the environmental, social and governance (ESG) level. Today, thinking about and acting on the strategy of any company must take into account an analysis of the business operations from this perspective of responsible conduct. These new circumstances have created a wide range of risks that may result in very substantial negative impacts, particularly in terms of reputational damage, loss of business and even legal liability".

André Figueiredo: "We live in an increasingly sophisticated world in which companies have been called upon to place sustainability regarding issues such as financing, reputation and governance at the heart of their strategy. All these matters are no longer peripheral, but rather drivers of growth. This framework is particularly essential in a context of growing internationalisation and competition. Specialised legal advice is critical to the success of this strategy and PLMJ is especially well-prepared to support this movement".

The scope of legal advice for the new Responsible Business practice includes:

- Social and sustainable finance

• Issuance of green bonds, sustainability linked bonds and transition bonds
• Setting up social entrepreneurship companies and funds, and assisting in their impact investments
• Setting up collective investment undertakings with investment policies that include ESG criteria

- Business and human rights

• Compliance programmes
• Human rights policies
• Human rights reporting, including non-financial statements
• Human rights impact assessment
• Human rights due diligence, including for the supply chain and other partners
• Investigation of events and crisis management involving human rights
• Representation in human rights litigation
• Corporate and human rights training programmes
• Establishment of remedial programmes

Business ethics

• Internal procedures, including codes of ethics and conduct
• Review of compliance programmes and internal culture
• Training programmes
• Analysis of situations of conflicts of interest and establishment of remedial programmes
• Corporate governance due diligence