Communicating on sustainability is difficult. ESG claims draw attention, both good and bad. Deciding where and how those claims are communicated requires us to account for a variety of audiences, including regulators, investors, consumers, politicians, employees, and business partners. A recent memo from Cooley discusses these challenges and provides practical tips for multinational companies to hone their communications. One highlight is the idea that legal should enter the conversation early and work with sustainability professionals to craft a salient, convincing message grounded in facts:
“Companies should move beyond viewing sustainability communications as a negotiation between sustainability teams seeking ambitious messaging and legal teams seeking to reduce risk.
Both functions share the same objective: communicating an accurate and compelling story while satisfying compliance obligations and managing legal and reputational risk.
The best outcomes occur when legal is involved early in the planning process – not merely at the end for a final “red flag” review. Early involvement allows legal and sustainability teams to develop a common fact base, align messaging across channels and identify potential risks before public commitments are made.
Legal’s role is not to make sustainability communications less ambitious. Its role is to make them more durable, defensible, and resilient when challenged.”
As noted in the memo, the tension between legal and sustainability is real. Sustainability professionals rightly want to celebrate their wins and hard work. While there’s nothing wrong with that, lawyers can help craft your messaging to avoid potential greenwashing and boost credibility. Involving legal early allows for a more collaborative process that avoids a last-minute “red light/green light” scenario. This cuts down on frustration for all parties and helps keep the core message intact while reducing risk.
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