ESG Challenge: Angeli Patel, Berkeley Center for Law and Business interview — Transcript
Full transcript
- 0:04hi I'm here today with anelie Patel so
- 0:07happy to have you here anelie um by way
- 0:10of introduction anelie is the executive
- 0:12director of the Berkeley Center for Law
- 0:14and business previously she was an
- 0:16attorney in the sustainability and ESG
- 0:18advisory practice at Paul Weiss ricken
- 0:20Wharton and Garrison in San Francisco
- 0:22where she advised clients on the
- 0:24governance of climate and social risks
- 0:26and is a was a lecturer at Berkeley law
- 0:29still at Berkeley law joining us from
- 0:31there today anelie has also previously
- 0:33held roles at Jones Day in the corporate
- 0:35group and at the UN Global compact
- 0:37Network Australia as an adviser on
- 0:39anti-corruption and business and human
- 0:41rights prior to her legal career anel
- 0:43served at the White House Office of man
- 0:45management and budget under the Obama
- 0:47Administration and served as a policy
- 0:49adviser at the US Department of Health
- 0:51and Human Services on consumer privacy
- 0:53as well as the Ministry of Finance in
- 0:54Chile on government modernization in
- 0:57addition to her career in law government
- 0:58on leads ands advises small businesses
- 1:01and startups she launched her own puzzle
- 1:03line for women of color in 20 excuse me
- 1:05her own puzzle line for women of color
- 1:07in 2021 as an adviser to the Dei startup
- 1:10Mandela in her free time Andi enjoys
- 1:12exercise fiction reading travel and
- 1:14movies thank you so much for joining us
- 1:15today absolutely I'm so happy to be
- 1:18here so building on that introduction
- 1:22could you just introduce yourself just a
- 1:23little bit more about your background
- 1:25and your work at Berkeley Center for Law
- 1:27and business yes absolutely so I am the
- 1:30executive director of the Berkeley
- 1:31Center for Law and business and what
- 1:34that all kind of just means is it's a
- 1:36the center is a think tank and what we
- 1:38do is we uh explore all of the different
- 1:41topics uh and try to further
- 1:44conversation uh for anything that's
- 1:46happening at the intersection of Law and
- 1:48business and in the past that might have
- 1:50been startups and venture capital or um
- 1:54crypto or Ai and now it's of course all
- 1:57of those things plus um really getting
- 2:00to the meat of the question that we're
- 2:02trying to answer now is what is the
- 2:03purpose of a corporation and this is
- 2:06brought on by a lot of the movement
- 2:08we've seen in the business world since
- 2:112020 and around ESG and sustainability
- 2:14priorities and so the center is really
- 2:17focused on um furthering conversation
- 2:20dialogue as well as research in this
- 2:23area and my job is to oversee the
- 2:25direction of these things and and what
- 2:27are the next steps
- 2:30that's great thank you so much for that
- 2:32context sounds like such interesting and
- 2:34important work so Berkeley is leading on
- 2:36the new thinking on the purpose of
- 2:38corporate entities as you notice um but
- 2:40doing this in the context of sustainable
- 2:42capitalism so could you share how your
- 2:44Center is defining sustainable
- 2:47capitalism yes absolutely this is a
- 2:49personal favorite topic of mine um I
- 2:52recently designed the course um for
- 2:54Berkeley law for executives called ESG
- 2:57University sustainable capitalism in
- 2:59practice and the the theory of change
- 3:02for that and what we're trying to do
- 3:03with the center is that at the end of
- 3:05the day in order to solve some of the
- 3:07world's largest problems like climate
- 3:09change social inequality um who knows
- 3:12worker displacement that will possibly
- 3:14happen due to AI all of those things at
- 3:17the center of those problems is a role
- 3:19that companies can play and the role
- 3:22that I believe is uh a sustainable in in
- 3:26the more definitional sense of the word
- 3:28is that
- 3:30are able to innovate create value for
- 3:34society and profits for themselves in a
- 3:37longer term in a way that accounts for
- 3:40the planet and its impact on people and
- 3:43this is a pretty packed definition but
- 3:46it guides a lot of the work that we do
- 3:49and what that means really is companies
- 3:54in a capitalist Society at the end of
- 3:56the day their job is to make money
- 3:58that's why anyone does business it's why
- 3:59you would want to be an entrepreneur to
- 4:01some degree and to do that and and to
- 4:05make sure that there's an environment
- 4:06within which you can be a profitable
- 4:08business it's become Paramount that
- 4:11companies do so um as they're building
- 4:13out their business strategies and
- 4:14they're building out their products or
- 4:16their services that they're thinking
- 4:17about the environment that they're
- 4:18thinking about people because it is
- 4:20crucial now more than ever for companies
- 4:22to really account for both the risks
- 4:25that these things pose but also in
- 4:28Trying to minimize those risks
- 4:30inevitably companies will find
- 4:31Opportunities to evolve and innovate um
- 4:34in a way that actually creates shared
- 4:37value that's fantastic and you're
- 4:39speaking to students of the in
- 4:42sustainability and NBAs so this is
- 4:44really inspiring thought to take on
- 4:46board so looking at it from a legal
- 4:49perspective and climate risks to
- 4:51business how do you assess climate risks
- 4:53to business from a legal perspective and
- 4:56of this what are the most important
- 4:58dimensions for companies to
- 5:02consider yeah no this is a great
- 5:04question and climate risk is generally
- 5:08uh spread across right climate risk is
- 5:12both systemic in nature and in in some
- 5:14cases very direct for companies so when
- 5:16we talk about climate risk from a legal
- 5:18perspective and why companies should
- 5:20care in terms of um their legal
- 5:24obligations it's because depending on
- 5:26the industry you're in and depending on
- 5:28where your supply chains Li
- 5:31understanding and having a an eye
- 5:33towards how climate change is impacting
- 5:36your operations your people your product
- 5:39or your ability to serve your customers
- 5:41is now enforcable uh if it is deemed um
- 5:45in terms of uh fiduciary duty for
- 5:48example for board of directors that they
- 5:50should have seen climate risks coming
- 5:53now these are things that can be
- 5:55enforced um climate risks also pose uh a
- 5:58financial cost and over time when there
- 6:02are climate shocks for example during
- 6:06covid or or um when there's a tsunami
- 6:09Out in southeast Asia and you have an
- 6:11extensive supply chain in those regions
- 6:14if you do not have a diverse supply
- 6:16chain if you're not planning for those
- 6:18things you could end up resulting in
- 6:22product delays which can then turn into
- 6:24class action lawsuits which can then
- 6:25turn into a shareholder litigation and
- 6:28so now the the risk which used to be
- 6:31reputational in nature now carries a a
- 6:34financial and
- 6:37legal cost to it um especially if the
- 6:41the the triggering point through a
- 6:42climate event can be um blown into a
- 6:45larger impact this is something we saw a
- 6:47ton with um during the Texas uh winter
- 6:51storm events about three or four years
- 6:54ago I think is 2021 and how many many
- 6:57public utilities and private utilities
- 7:00were implicated in all sorts of
- 7:02litigation due to not due to a systemic
- 7:05problem something that wasn't within
- 7:07their own control and yet they had some
- 7:09duties and responsibilities so in short
- 7:11I think the legal risk that climate
- 7:14change poses is so variable and it's so
- 7:17systemic in nature and yet it implicates
- 7:19the individual company it is more
- 7:22Paramount than ever that there is um
- 7:24someone or many someone's at a company
- 7:27thinking about how climate poses a risk
- 7:30on them and how they pose
- 7:32a an impact on on the environment or um
- 7:36what part they play climate
- 7:39change thanks for that this is so
- 7:41interesting because we're talking about
- 7:43companies considering their impacts in
- 7:45the environment the impacts of the
- 7:47environment on them and what duty of
- 7:49care they owe to their stakeholders or
- 7:51their shareholders or whoever it may be
- 7:54and that ties into fiduciary duty which
- 7:56is about our next questions because we
- 7:58continue to hear the argument that
- 8:00fiduciary duty means maximizing
- 8:02shareholder returns and therefore
- 8:04precludes long-term investments in
- 8:05sustainability or making dramatic shifts
- 8:08in business strategy that may help
- 8:11mitigate or adapt in the era of climate
- 8:13change so can you share how you think
- 8:15about fiduciary duty in the context of
- 8:17moving towards net zero especially for
- 8:19banks and financial
- 8:21institutions absolutely you know I think
- 8:24fiduciary duties are uh how they enable
- 8:29long-term thinking and long-term
- 8:31Investments and how they enable or
- 8:33disable a shift in business strategy it
- 8:36really just depends on who this duty is
- 8:39owed to and so let me start by first
- 8:43talking about institutional investors
- 8:45because so much of the conversation and
- 8:46sustainability stems from these
- 8:49institutional investors whose charge is
- 8:52actually to ensure long-term returns
- 8:54rather than short-term returns which of
- 8:56course is part of their portfolio but
- 8:58they their clients are Pension funds
- 9:01their government bonds they're
- 9:03essentially individuals who are counting
- 9:05on institutional investors to be able to
- 9:08give an Roi of 10% year onye for the
- 9:11next 30 40 years until they're ready to
- 9:14retire and this is the driving force
- 9:16behind why so much of the conversation
- 9:19has inched into uh long-term returns
- 9:23long-term returns through responsible
- 9:25management of environmental and social
- 9:27risks and essentially the fiduciary duty
- 9:31concept when owed to an Institutional
- 9:34Investor naturally predicates that as a
- 9:37company you should have a long-term
- 9:39strategy as a company you do owe your
- 9:42investor say an Institutional Investor
- 9:45um a duty to ensure that your business
- 9:49can in fact uh endure over a longer
- 9:52period of time and so uh the question
- 9:56around whether uh fiduciary d enable or
- 10:00disable long-term or sustainable
- 10:02thinking it just depends on who your
- 10:05duty is owed to in in more of like a
- 10:08legal Theory sense Delaware courts by
- 10:12default uh give shareholders Primacy
- 10:16meaning shareholders are the ultimate
- 10:18stakeholder to which companies owe a
- 10:20duty and that
- 10:24is and that is essentially uh uh the
- 10:28driving framework for that however uh
- 10:33what this means is if your shareholder
- 10:35is one whose priorities are uh ensuring
- 10:39that their client's money is not funding
- 10:43um a company that will go out of
- 10:45business in five to 10 years and rather
- 10:47they want their money to go into
- 10:48companies that are at the Forefront of
- 10:51the next Innovation then there's a duty
- 10:54owed by institutional investors to
- 10:56ensure that they're investing in that
- 10:58manner and in turn will put pressure on
- 11:00their portfolio companies to move them
- 11:02along in that direction and so I think
- 11:05the conversation around fiduciary duties
- 11:06is a little bit more nuanced than um you
- 11:10know than what it might seem and the way
- 11:14I think about fiduciary duties um in
- 11:16context of moving maybe closer to Net
- 11:18Zero or or for banks and financial
- 11:20institutions you know we've seen a lot
- 11:23of litigation we've seen a lot of um
- 11:27anti-g conversation
- 11:30uh going after financial institutions
- 11:32Gans these alliances for making that
- 11:36zero commitments and and we've seen a
- 11:38lot of those Banks and institutions
- 11:40withdraw their commitments and it's it
- 11:44is a lot less about the legality as much
- 11:47it is about the scrutiny and so um a lot
- 11:52of the conversation is um massed in
- 11:56terms of fiduciary duties but in fact it
- 11:59is um whether a bank or a financial
- 12:01institution has the ability to withstand
- 12:04a billion dollar fund being withdrawn
- 12:06from their business versus um any kind
- 12:10of legal missteps that they may be
- 12:12taking and um and so I'd say at the
- 12:16number of banks you do still see as part
- 12:18of those alliances is a testament to the
- 12:20fact that fiduciary duties can actually
- 12:25enable their participation in Net Zero
- 12:28targets it's a matter of risk appetite
- 12:30at the end of the day in terms of
- 12:32reputational and political scrutiny that
- 12:35um companies are really grappling with
- 12:37rather than kind of the legal concept of
- 12:39fiduciary
- 12:40duty that's so fascinating and of course
- 12:44the at the core of all this is ESG data
- 12:48and metrics and reality so the anti-g
- 12:51backlash may as you've said inhibit or
- 12:54Scare financial institutions from making
- 12:57the commitments so if and I heard what
- 13:00you said about reputational risk and the
- 13:03will willingness to withstand the kind
- 13:04of political scrutiny but to the extent
- 13:07that financial institutions are actually
- 13:09the targets of lawsuits from where you
- 13:11said what do you think would be good
- 13:13legal strategies to defend against such
- 13:16attack yeah and you know it it truly
- 13:19does come down to um ensuring that you
- 13:22have the right controls in place and
- 13:24ensuring that your governance um
- 13:26reflects the communication and the
- 13:29strategy that you're communicating to
- 13:31your stakeholders and your investors and
- 13:33those who you actually owe a fiduciary
- 13:35duty to so if in fact you are saying to
- 13:38your um clients that you completely have
- 13:41Choice over your investment but in fact
- 13:43there isn't a feature or there isn't a
- 13:45an option for them to choose where their
- 13:47money is Flowing then of course that
- 13:50anti-u scrutiny can easily then turn
- 13:53into a potential legal risk um where in
- 13:57fact you find a lot of the more
- 13:59sophisticated institutional investors
- 14:00and investor investment funds generally
- 14:03will often prioritize and centralize uh
- 14:07shareholder choice and in um investor
- 14:10choice and this is in in part a new it's
- 14:13not that new but it's a response
- 14:15essentially to these anti-g or don't
- 14:18invest my money using your own
- 14:21ideological um priorities as a way to
- 14:25control and as a way to hedge for um
- 14:29some of those risks at the end of the
- 14:31day um what what a lot of um smart what
- 14:35I would say smart investors have really
- 14:37come down to and financial providers
- 14:38have really come down to is let's just
- 14:40make sure that people have choice and I
- 14:43think that's a very smart framework to
- 14:45follow um and in in this in the
- 14:48instances where you do have say um a
- 14:51fund or investors who are interested in
- 14:56getting that 10 year 10% are year on-ear
- 15:00um Roi on their investment then it
- 15:03becomes a fiduciary obligation of those
- 15:04companies and those Banks and those
- 15:06financial institutions to to at least
- 15:08communicate and share that hey we
- 15:11believe you're going to have to invest
- 15:12in these happens to be ESG ranked
- 15:16companies and therefore that's why we're
- 15:18investing in because of your stated
- 15:20priorities of your goals for about the
- 15:2330 to 40 year Horizon and so uh the
- 15:27transparency must be there the document
- 15:29much show that that is how it's being um
- 15:31handled the prospectus the communication
- 15:36to who you're soliciting funds from has
- 15:38to be very clear on the on the measures
- 15:40and the metrics you'll be using and
- 15:42where where possible creating feutures
- 15:45to withdraw and um uh enter into these
- 15:49kinds of Investments uh truly gives the
- 15:53onus uh and the responsibility back to
- 15:57the investor to the shareholder rather
- 15:59than being the central decision maker in
- 16:01many
- 16:04cases thank you for that incredibly
- 16:07helpful just want to make sure that I
- 16:08understand the response because I'm
- 16:10thinking there's a a question here about
- 16:12how to avoid climate action lawsuits in
- 16:14the first place and it sounds like
- 16:17transparency and maybe shareholder
- 16:20choice is really at the center of this
- 16:22being very clear
- 16:23about people whose money you're
- 16:26investing have they're they're able to
- 16:27decide how you're investing and they
- 16:29have choices about how to do this have I
- 16:31got that correct and is there is there
- 16:33anything else that financial
- 16:34institutions may do to head off climate
- 16:36litigation which may be inevitable for
- 16:39political reasons or other reasons yeah
- 16:41no I think one investor choice is a
- 16:43great preventative measure um it kind of
- 16:46gives them the ability to decide whether
- 16:48they want their funds invested in a oil
- 16:50and gas or not um but other metrics and
- 16:53other measures is always um and things
- 16:56you start to see with a lot of um more
- 16:59of the institutional investors is uh
- 17:02bringing in the expertise uh across the
- 17:04board bringing in um you know folks who
- 17:08can advise on uh a transition risk or a
- 17:12uh uh more of a like a def financing or
- 17:17defunding risks right and so one I think
- 17:21ensuring that you are actually informed
- 17:23as an advisor and as an investor of what
- 17:27you're actually doing is a a point of
- 17:30evidence at the very least that this is
- 17:32an informed decision that this is a
- 17:34careful and prudent
- 17:37decision um other ways of mitigating
- 17:41climate litigation risk right we have
- 17:44had we have Focus so much on the threat
- 17:46of
- 17:47anti-g um scrutiny but there's also a
- 17:51very active and Global uh group of pro
- 17:56ESG or even further than ESG folks who
- 17:59also want their money and their
- 18:01financial institutions to Value uh
- 18:04decarbonization at a faster rate and so
- 18:07that risk is very much there as well and
- 18:10and it will likely only grow um perhaps
- 18:14not in the US but globally if you're a
- 18:15bank that has multiple uh offerings
- 18:18across the world this is something
- 18:20you're already probably tracking and to
- 18:23minimize those risk again it comes down
- 18:25to transparency and it comes down to
- 18:28what I would think um engagement with
- 18:30your stakeholders a lot of times what
- 18:33the stakeholders want to know is
- 18:35especially those who go and issue those
- 18:37proxy statements who go into those proxy
- 18:39wars with you they really want to know
- 18:41is are you actually taking this
- 18:43seriously and some of the best examples
- 18:45of financial institutions that have
- 18:47handled on both sides kind of the the
- 18:50scrutiny is actually by engaging in
- 18:53dialogue and
- 18:54conversation it's obviously a business
- 18:56decision at the end of the day more than
- 18:58a Le one uh and often CEOs will opt to
- 19:03say okay there's clearly legal risk here
- 19:05but this is something we value this is
- 19:07something that we want to capitalize on
- 19:10there's a$3
- 19:11trillion uh climate transition waiting
- 19:14for us to finance that's where we're
- 19:17going to go and and For Better or Worse
- 19:19a lot of businesses make the tough call
- 19:22but that is the time we're in some of
- 19:24these decisions are just not easy ones
- 19:26and at the end of the day engaging with
- 19:27your stakeholders getting informed
- 19:29ensuring that your governance is fair
- 19:30and
- 19:31transparent and then ultimately making
- 19:33the decision that you believe is best
- 19:36will at least in Delaware protect you
- 19:38against the uh using the business
- 19:40judgment rule
- 19:42so great that's great thank you for that
- 19:45and such a good reminder that financial
- 19:47institutions can face anti-g scrutiny
- 19:49and also Pro or even more than Pro uh
- 19:52ESG scrutiny when stakeholders are
- 19:54concerned that financial institutions
- 19:56are taking these risks seriously so
- 19:58thank you for that so if we are thinking
- 20:01about the $3 trillion opportunity and
- 20:04what I think most folks agree is a is a
- 20:06net zero priority um what do you see as
- 20:10the role of companies and trying to
- 20:12shift the Regulatory and political
- 20:14landscape toward one that's more
- 20:16supportive of Net Zero strategies so
- 20:19what and what best practices you've seen
- 20:21them on stakeholder and political
- 20:23engagement can you recommend yeah you
- 20:26know and this is a really big question
- 20:28and there's no kind of right answer and
- 20:31I I make these things because I'm a
- 20:33lawyer and I have a caveat tendency and
- 20:35I say this because uh companies can play
- 20:38so many roles um in net zero and it
- 20:40doesn't have to be an activist role you
- 20:43have an example in Patagonia that has
- 20:46you know taken its platform and taken
- 20:48that activist role but one of the very
- 20:51underrated things about the Patagonia of
- 20:53the world is that they value showing to
- 20:55their peers that you can absolutely be
- 20:59profitable and do so being a responsible
- 21:02Steward of your natural resources and so
- 21:06one of the most simple and within the
- 21:09business strategy ways companies can do
- 21:11this is show us show your competitors
- 21:14show your industry that you're going to
- 21:17figure out a way to make money in a way
- 21:19that's going to help you be resilient in
- 21:22climate events be a resilient Workforce
- 21:25and innovate to solve some of these
- 21:27problems that's obviously the most um uh
- 21:31simple yet hard way to do it the other
- 21:33way that companies can engage um in
- 21:35ensuring that there's more movement
- 21:37towards net zero because it is such an
- 21:39important and uh
- 21:42existential uh topic that we all need to
- 21:44get on board yesterday with is really
- 21:49um engaging with their stakeholders
- 21:53listen to customers listen to your
- 21:55investors listen to your employees stake
- 21:58holders are how you're going to innovate
- 22:01they're going to let you know where the
- 22:03next opportunities lie it's not going to
- 22:05be the sea Suite that sits there behind
- 22:07a computer with Trends and and and uh
- 22:11data points from McKenzie or deoy or any
- 22:13of these consulting firms that's going
- 22:14to make a determination it's going to be
- 22:16coming from your stakeholders of where
- 22:20you need to go next listen and be ready
- 22:23to innovate around that be ready to tap
- 22:25into those opportunities as you're
- 22:27looking for those risks
- 22:29and then my final kind of recommendation
- 22:32is this is not a unique time I I want to
- 22:36remind people and companies and
- 22:38corporate leaders this is not unique we
- 22:40are uh we have solved many important
- 22:43problems um in the world there was a
- 22:46time where air pollution felt like it
- 22:48could never be solved there was a time
- 22:49where the ozone layer was so thin that
- 22:52people were suffering all kinds of
- 22:54things we have been able to solve a lot
- 22:56of great problems over the span of
- 22:59corporate history alone much less human
- 23:01history it is important to know that any
- 23:04act or any positionality that you take
- 23:07as a company isn't going to be the end
- 23:10of the world and it is not the last
- 23:12thing or the first thing uh that anyone
- 23:16has done and I like to
- 23:18deemphasize the um the hype around
- 23:22corporate engagement in this in the
- 23:24social sphere in the environmental
- 23:25sphere because for a very long time uh
- 23:29companies did think about these issues
- 23:32and they built them into their
- 23:33strategies this is why you started to
- 23:35see companies that were 200 years old
- 23:37may stay in the S&P 500 for a longer
- 23:40period of time and so it is very
- 23:42important that we remember that
- 23:45longevity of your company and the
- 23:47longevity of our markets depends on a
- 23:50company's ability to listen engage and
- 23:53navigate social and political CH changes
- 23:56it is part of the business strategy not
- 24:00separate
- 24:02from that's amazing advice and I love
- 24:05this this stakeholder engagement is so
- 24:07important political engagement and this
- 24:08is where the Innovation will come from
- 24:10from the listening and from pivoting and
- 24:12reminding companies that they can do it
- 24:15um they have done it and they can do it
- 24:17so thank you for that um we got one more
- 24:20question here about the role of the
- 24:22legal department particularly maybe in
- 24:24financial institutions if you're
- 24:25advising the legal department of a major
- 24:27Bank or asset
- 24:29manager was say the high the highest
- 24:32what would you tell them about managing
- 24:34climate risks and Associated political
- 24:37risks yeah this is a good question and
- 24:40you know one of the things we did a lot
- 24:42in when I was practicing in my um es
- 24:45Advisory Group back in uh Paul Weiss and
- 24:48and before that Jones day
- 24:51is fiduciary duty is the ultimate uh
- 24:55guiding source for how asset managers
- 24:59have to think about what they owe and
- 25:01what they must do it may not be loved
- 25:05and it may not be reputationally even
- 25:07sexy but
- 25:08is uh fiduciary duties are owed that is
- 25:12a legal requirement and just reminding
- 25:14oneself and grounding um when a company
- 25:17when the legal department is starting to
- 25:19think about what is a risk and what is
- 25:21not a risk grounding that risk mindset
- 25:24in these fiduciary duties what do you
- 25:26owe to the ultimate stakeholder which is
- 25:29your investor or your clients in this
- 25:31case or whomever you're owing your
- 25:33duties to First grounding grounding in
- 25:36that understanding I think legal
- 25:38departments suffer a little bit from
- 25:40reputational fears I think that's kind
- 25:43of the job of a legal department is to
- 25:45really ensure that there is somebody
- 25:47thinking about it um but it's also the
- 25:50job of a legal department to uh not just
- 25:54say no it is no but no but here's a
- 25:58number of different ways that could work
- 26:01within our risk appetite and no but is a
- 26:04very important mindset to have
- 26:07especially um when powerful asset
- 26:10managers who do have a stake in almost
- 26:12every company under the planet and Under
- 26:15the Sun um have to think about climate
- 26:18risk because climate risk is spread it
- 26:20is not centralized and if it's impacting
- 26:22one part of your portfolio it will
- 26:24absolutely impact another part of your
- 26:26portfolio and that is a huge risk that
- 26:30has to transcend the the fear of
- 26:32reputational Damages um in one way or
- 26:34another so staying grounded in your uh
- 26:37investment strategy being very clear um
- 26:40to the extent that you are as a legal
- 26:42team able to uh give metrics to um how
- 26:46you're thinking about the risk how you
- 26:48um do scenario planning as a legal
- 26:50department when um a number of the fears
- 26:53that the department might have do
- 26:55manifest that kind of preparation will
- 26:57help the legal department be a partner
- 27:00in pushing and helping the the the banks
- 27:03stay course what we've seen so much of
- 27:05is Banks not being able to stay course
- 27:07in a given Direction they've chosen and
- 27:09this is not me saying go in the
- 27:11direction of complete decarbonization
- 27:13and end all fossil fuel funding perhaps
- 27:16that is not the most prudent strategy
- 27:18for your
- 27:20specific company perhaps it's a 10-year
- 27:23Journey perhaps it's a 5-year Journey
- 27:24whatever that journey is the legal
- 27:26Department's job should be to help that
- 27:28company stay course and where those
- 27:31risks are to manifest turn those into
- 27:33Solutions and be able to communicate
- 27:35them and using the aid of inhouse
- 27:38created metrics to do
- 27:41so such an good advice to stay the
- 27:44course and and again to use your
- 27:46in-house CR metrics that's that's great
- 27:49and super clear thank you um so we're
- 27:51coming up on time I just want to ask if
- 27:53there's any last points you'd like to
- 27:55add or or message you'd like to leave us
- 27:57with
- 27:58yeah no my my I have a lot of Hope as
- 28:02you can tell uh around some of the the
- 28:05work that at least we're doing and and
- 28:07where I see the world kind of heading I
- 28:09think there's a lot of fear uh that we
- 28:11see through um news articles or kind of
- 28:14the uh from not knowing in some ways
- 28:17what's next but there's something really
- 28:19exciting about not knowing and I think
- 28:22embracing that uncertainty and um
- 28:25pushing in a Direction as a company in
- 28:28terms of innovation engaging your
- 28:30stakeholders and figuring out how you're
- 28:32going to survive as a company in the
- 28:34long term um or how you going to
- 28:36encourage your portfolio companies to do
- 28:38so are such important parts to play in
- 28:42this larger journey and that's what we
- 28:45push for the Berkeley has a set of
- 28:47principles called the three e or the
- 28:48Berkeley principles for sustainable
- 28:50capitalism and sustainable business and
- 28:52there are engagement endurance and
- 28:54evolution if companies can prioritize
- 28:57these three things
- 28:58they're likely doing I'm not going to
- 29:00say there will be but they're likely
- 29:02doing their part in helping solve some
- 29:05of these these massive uh problems that
- 29:08we're facing as a as a society so I'll
- 29:11I'll part ways with the three
- 29:13e that's fantastic we'll take the the
- 29:17three e and your hope U we'll take that
- 29:19package combined so thank you so much an
- 29:22this has been a great discussion really
- 29:24really appreciate your time absolutely
- 29:26thank you so much
- 29:28take care bye bye bye
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