A series of briefings that take a bite-size look at international trends in different jurisdictions, drawing on Baker McKenzie’s expert financial services practitioners with local market knowledge.
This edition takes a bite-size look at the different rates of progress of environmental, social and governance (ESG) regulation and voluntary standards across the European Union, Hong Kong SAR, Japan, Singapore, the United Kingdom and the United States. The 2015 Paris Agreement on Climate Change specifically identified finance as having a key role in mitigating the effects of global warming, as large-scale investments are needed to significantly cut emissions. Nor, of course, are financial institutions themselves immune from the effects of climate change, as their prudential soundness and ability to meet long-term commitments will be jeopardized if the value of their capital is impacted. The COVID-19 pandemic has provided a significant impetus to the adoption of ESG regulation and voluntary standards, although the industry’s progress is being slowed by a lack of common and consistent international standards over disclosure and classification. What was, initially, (largely) voluntary is becoming essential to win business and is, increasingly (especially in Europe), subject to legal and regulatory imperative, as exemplified by the number of jurisdictions proposing to make mandatory the Task Force on Climate-related Financial Disclosures (TCFD).
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Author
Caitlin McErlane
Caitlin is a partner in Baker McKenzie’s Financial Services Regulatory practice group, based in the London office.
Caitlin's practice focuses on advising a range of global financial institutions on complex and high value regulatory matters. She advises banks, asset managers, major corporates and payment institutions on navigating UK and EU financial services regulation. She has particular experience in advising clients on regulatory implementation projects, day-to-day compliance issues, and regulatory issues arising in the context of acquisitions, restructurings, and divestments within the financial services sector. Caitlin also advises market infrastructure providers on markets regulation and the provision of cross-border trading solutions.
Caitlin leads our London office’s ESG regulatory work for financial institutions, and advises a range of clients on the drafting and implementation of ESG policies and structuring ESG-focused investment products. Caitlin is an authority on regulatory reforms in the sustainability space and sits on a number of trade association working groups.
Caitlin has been recognised as a "Leading Partner" by The Legal 500 UK, where she is cited by clients as "a great lawyer [who] has a photographic recollection of regulations which makes her an amazing resource for any tricky topic." She is ranked by Chambers for financial services regulation, where clients describe her as "an expert in her field", a "phenomenal regulatory lawyer" and "a highly responsive and excellent communicator" who "consistently provides pragmatic solutions that are within the regulatory framework". Caitlin is also acknowledged by Legal 500 as a Next Generation Partner in Real Estate Funds.
