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ESG Challenge: Angeli Patel, Berkeley Center for Law and Business interview — Transcript

by Alliance for Responsible Capitalism · 4,725 words · 697 segments · language en · Watch on YouTube

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  1. 0:04hi I'm here today with anelie Patel so
  2. 0:07happy to have you here anelie um by way
  3. 0:10of introduction anelie is the executive
  4. 0:12director of the Berkeley Center for Law
  5. 0:14and business previously she was an
  6. 0:16attorney in the sustainability and ESG
  7. 0:18advisory practice at Paul Weiss ricken
  8. 0:20Wharton and Garrison in San Francisco
  9. 0:22where she advised clients on the
  10. 0:24governance of climate and social risks
  11. 0:26and is a was a lecturer at Berkeley law
  12. 0:29still at Berkeley law joining us from
  13. 0:31there today anelie has also previously
  14. 0:33held roles at Jones Day in the corporate
  15. 0:35group and at the UN Global compact
  16. 0:37Network Australia as an adviser on
  17. 0:39anti-corruption and business and human
  18. 0:41rights prior to her legal career anel
  19. 0:43served at the White House Office of man
  20. 0:45management and budget under the Obama
  21. 0:47Administration and served as a policy
  22. 0:49adviser at the US Department of Health
  23. 0:51and Human Services on consumer privacy
  24. 0:53as well as the Ministry of Finance in
  25. 0:54Chile on government modernization in
  26. 0:57addition to her career in law government
  27. 0:58on leads ands advises small businesses
  28. 1:01and startups she launched her own puzzle
  29. 1:03line for women of color in 20 excuse me
  30. 1:05her own puzzle line for women of color
  31. 1:07in 2021 as an adviser to the Dei startup
  32. 1:10Mandela in her free time Andi enjoys
  33. 1:12exercise fiction reading travel and
  34. 1:14movies thank you so much for joining us
  35. 1:15today absolutely I'm so happy to be
  36. 1:18here so building on that introduction
  37. 1:22could you just introduce yourself just a
  38. 1:23little bit more about your background
  39. 1:25and your work at Berkeley Center for Law
  40. 1:27and business yes absolutely so I am the
  41. 1:30executive director of the Berkeley
  42. 1:31Center for Law and business and what
  43. 1:34that all kind of just means is it's a
  44. 1:36the center is a think tank and what we
  45. 1:38do is we uh explore all of the different
  46. 1:41topics uh and try to further
  47. 1:44conversation uh for anything that's
  48. 1:46happening at the intersection of Law and
  49. 1:48business and in the past that might have
  50. 1:50been startups and venture capital or um
  51. 1:54crypto or Ai and now it's of course all
  52. 1:57of those things plus um really getting
  53. 2:00to the meat of the question that we're
  54. 2:02trying to answer now is what is the
  55. 2:03purpose of a corporation and this is
  56. 2:06brought on by a lot of the movement
  57. 2:08we've seen in the business world since
  58. 2:112020 and around ESG and sustainability
  59. 2:14priorities and so the center is really
  60. 2:17focused on um furthering conversation
  61. 2:20dialogue as well as research in this
  62. 2:23area and my job is to oversee the
  63. 2:25direction of these things and and what
  64. 2:27are the next steps
  65. 2:30that's great thank you so much for that
  66. 2:32context sounds like such interesting and
  67. 2:34important work so Berkeley is leading on
  68. 2:36the new thinking on the purpose of
  69. 2:38corporate entities as you notice um but
  70. 2:40doing this in the context of sustainable
  71. 2:42capitalism so could you share how your
  72. 2:44Center is defining sustainable
  73. 2:47capitalism yes absolutely this is a
  74. 2:49personal favorite topic of mine um I
  75. 2:52recently designed the course um for
  76. 2:54Berkeley law for executives called ESG
  77. 2:57University sustainable capitalism in
  78. 2:59practice and the the theory of change
  79. 3:02for that and what we're trying to do
  80. 3:03with the center is that at the end of
  81. 3:05the day in order to solve some of the
  82. 3:07world's largest problems like climate
  83. 3:09change social inequality um who knows
  84. 3:12worker displacement that will possibly
  85. 3:14happen due to AI all of those things at
  86. 3:17the center of those problems is a role
  87. 3:19that companies can play and the role
  88. 3:22that I believe is uh a sustainable in in
  89. 3:26the more definitional sense of the word
  90. 3:28is that
  91. 3:30are able to innovate create value for
  92. 3:34society and profits for themselves in a
  93. 3:37longer term in a way that accounts for
  94. 3:40the planet and its impact on people and
  95. 3:43this is a pretty packed definition but
  96. 3:46it guides a lot of the work that we do
  97. 3:49and what that means really is companies
  98. 3:54in a capitalist Society at the end of
  99. 3:56the day their job is to make money
  100. 3:58that's why anyone does business it's why
  101. 3:59you would want to be an entrepreneur to
  102. 4:01some degree and to do that and and to
  103. 4:05make sure that there's an environment
  104. 4:06within which you can be a profitable
  105. 4:08business it's become Paramount that
  106. 4:11companies do so um as they're building
  107. 4:13out their business strategies and
  108. 4:14they're building out their products or
  109. 4:16their services that they're thinking
  110. 4:17about the environment that they're
  111. 4:18thinking about people because it is
  112. 4:20crucial now more than ever for companies
  113. 4:22to really account for both the risks
  114. 4:25that these things pose but also in
  115. 4:28Trying to minimize those risks
  116. 4:30inevitably companies will find
  117. 4:31Opportunities to evolve and innovate um
  118. 4:34in a way that actually creates shared
  119. 4:37value that's fantastic and you're
  120. 4:39speaking to students of the in
  121. 4:42sustainability and NBAs so this is
  122. 4:44really inspiring thought to take on
  123. 4:46board so looking at it from a legal
  124. 4:49perspective and climate risks to
  125. 4:51business how do you assess climate risks
  126. 4:53to business from a legal perspective and
  127. 4:56of this what are the most important
  128. 4:58dimensions for companies to
  129. 5:02consider yeah no this is a great
  130. 5:04question and climate risk is generally
  131. 5:08uh spread across right climate risk is
  132. 5:12both systemic in nature and in in some
  133. 5:14cases very direct for companies so when
  134. 5:16we talk about climate risk from a legal
  135. 5:18perspective and why companies should
  136. 5:20care in terms of um their legal
  137. 5:24obligations it's because depending on
  138. 5:26the industry you're in and depending on
  139. 5:28where your supply chains Li
  140. 5:31understanding and having a an eye
  141. 5:33towards how climate change is impacting
  142. 5:36your operations your people your product
  143. 5:39or your ability to serve your customers
  144. 5:41is now enforcable uh if it is deemed um
  145. 5:45in terms of uh fiduciary duty for
  146. 5:48example for board of directors that they
  147. 5:50should have seen climate risks coming
  148. 5:53now these are things that can be
  149. 5:55enforced um climate risks also pose uh a
  150. 5:58financial cost and over time when there
  151. 6:02are climate shocks for example during
  152. 6:06covid or or um when there's a tsunami
  153. 6:09Out in southeast Asia and you have an
  154. 6:11extensive supply chain in those regions
  155. 6:14if you do not have a diverse supply
  156. 6:16chain if you're not planning for those
  157. 6:18things you could end up resulting in
  158. 6:22product delays which can then turn into
  159. 6:24class action lawsuits which can then
  160. 6:25turn into a shareholder litigation and
  161. 6:28so now the the risk which used to be
  162. 6:31reputational in nature now carries a a
  163. 6:34financial and
  164. 6:37legal cost to it um especially if the
  165. 6:41the the triggering point through a
  166. 6:42climate event can be um blown into a
  167. 6:45larger impact this is something we saw a
  168. 6:47ton with um during the Texas uh winter
  169. 6:51storm events about three or four years
  170. 6:54ago I think is 2021 and how many many
  171. 6:57public utilities and private utilities
  172. 7:00were implicated in all sorts of
  173. 7:02litigation due to not due to a systemic
  174. 7:05problem something that wasn't within
  175. 7:07their own control and yet they had some
  176. 7:09duties and responsibilities so in short
  177. 7:11I think the legal risk that climate
  178. 7:14change poses is so variable and it's so
  179. 7:17systemic in nature and yet it implicates
  180. 7:19the individual company it is more
  181. 7:22Paramount than ever that there is um
  182. 7:24someone or many someone's at a company
  183. 7:27thinking about how climate poses a risk
  184. 7:30on them and how they pose
  185. 7:32a an impact on on the environment or um
  186. 7:36what part they play climate
  187. 7:39change thanks for that this is so
  188. 7:41interesting because we're talking about
  189. 7:43companies considering their impacts in
  190. 7:45the environment the impacts of the
  191. 7:47environment on them and what duty of
  192. 7:49care they owe to their stakeholders or
  193. 7:51their shareholders or whoever it may be
  194. 7:54and that ties into fiduciary duty which
  195. 7:56is about our next questions because we
  196. 7:58continue to hear the argument that
  197. 8:00fiduciary duty means maximizing
  198. 8:02shareholder returns and therefore
  199. 8:04precludes long-term investments in
  200. 8:05sustainability or making dramatic shifts
  201. 8:08in business strategy that may help
  202. 8:11mitigate or adapt in the era of climate
  203. 8:13change so can you share how you think
  204. 8:15about fiduciary duty in the context of
  205. 8:17moving towards net zero especially for
  206. 8:19banks and financial
  207. 8:21institutions absolutely you know I think
  208. 8:24fiduciary duties are uh how they enable
  209. 8:29long-term thinking and long-term
  210. 8:31Investments and how they enable or
  211. 8:33disable a shift in business strategy it
  212. 8:36really just depends on who this duty is
  213. 8:39owed to and so let me start by first
  214. 8:43talking about institutional investors
  215. 8:45because so much of the conversation and
  216. 8:46sustainability stems from these
  217. 8:49institutional investors whose charge is
  218. 8:52actually to ensure long-term returns
  219. 8:54rather than short-term returns which of
  220. 8:56course is part of their portfolio but
  221. 8:58they their clients are Pension funds
  222. 9:01their government bonds they're
  223. 9:03essentially individuals who are counting
  224. 9:05on institutional investors to be able to
  225. 9:08give an Roi of 10% year onye for the
  226. 9:11next 30 40 years until they're ready to
  227. 9:14retire and this is the driving force
  228. 9:16behind why so much of the conversation
  229. 9:19has inched into uh long-term returns
  230. 9:23long-term returns through responsible
  231. 9:25management of environmental and social
  232. 9:27risks and essentially the fiduciary duty
  233. 9:31concept when owed to an Institutional
  234. 9:34Investor naturally predicates that as a
  235. 9:37company you should have a long-term
  236. 9:39strategy as a company you do owe your
  237. 9:42investor say an Institutional Investor
  238. 9:45um a duty to ensure that your business
  239. 9:49can in fact uh endure over a longer
  240. 9:52period of time and so uh the question
  241. 9:56around whether uh fiduciary d enable or
  242. 10:00disable long-term or sustainable
  243. 10:02thinking it just depends on who your
  244. 10:05duty is owed to in in more of like a
  245. 10:08legal Theory sense Delaware courts by
  246. 10:12default uh give shareholders Primacy
  247. 10:16meaning shareholders are the ultimate
  248. 10:18stakeholder to which companies owe a
  249. 10:20duty and that
  250. 10:24is and that is essentially uh uh the
  251. 10:28driving framework for that however uh
  252. 10:33what this means is if your shareholder
  253. 10:35is one whose priorities are uh ensuring
  254. 10:39that their client's money is not funding
  255. 10:43um a company that will go out of
  256. 10:45business in five to 10 years and rather
  257. 10:47they want their money to go into
  258. 10:48companies that are at the Forefront of
  259. 10:51the next Innovation then there's a duty
  260. 10:54owed by institutional investors to
  261. 10:56ensure that they're investing in that
  262. 10:58manner and in turn will put pressure on
  263. 11:00their portfolio companies to move them
  264. 11:02along in that direction and so I think
  265. 11:05the conversation around fiduciary duties
  266. 11:06is a little bit more nuanced than um you
  267. 11:10know than what it might seem and the way
  268. 11:14I think about fiduciary duties um in
  269. 11:16context of moving maybe closer to Net
  270. 11:18Zero or or for banks and financial
  271. 11:20institutions you know we've seen a lot
  272. 11:23of litigation we've seen a lot of um
  273. 11:27anti-g conversation
  274. 11:30uh going after financial institutions
  275. 11:32Gans these alliances for making that
  276. 11:36zero commitments and and we've seen a
  277. 11:38lot of those Banks and institutions
  278. 11:40withdraw their commitments and it's it
  279. 11:44is a lot less about the legality as much
  280. 11:47it is about the scrutiny and so um a lot
  281. 11:52of the conversation is um massed in
  282. 11:56terms of fiduciary duties but in fact it
  283. 11:59is um whether a bank or a financial
  284. 12:01institution has the ability to withstand
  285. 12:04a billion dollar fund being withdrawn
  286. 12:06from their business versus um any kind
  287. 12:10of legal missteps that they may be
  288. 12:12taking and um and so I'd say at the
  289. 12:16number of banks you do still see as part
  290. 12:18of those alliances is a testament to the
  291. 12:20fact that fiduciary duties can actually
  292. 12:25enable their participation in Net Zero
  293. 12:28targets it's a matter of risk appetite
  294. 12:30at the end of the day in terms of
  295. 12:32reputational and political scrutiny that
  296. 12:35um companies are really grappling with
  297. 12:37rather than kind of the legal concept of
  298. 12:39fiduciary
  299. 12:40duty that's so fascinating and of course
  300. 12:44the at the core of all this is ESG data
  301. 12:48and metrics and reality so the anti-g
  302. 12:51backlash may as you've said inhibit or
  303. 12:54Scare financial institutions from making
  304. 12:57the commitments so if and I heard what
  305. 13:00you said about reputational risk and the
  306. 13:03will willingness to withstand the kind
  307. 13:04of political scrutiny but to the extent
  308. 13:07that financial institutions are actually
  309. 13:09the targets of lawsuits from where you
  310. 13:11said what do you think would be good
  311. 13:13legal strategies to defend against such
  312. 13:16attack yeah and you know it it truly
  313. 13:19does come down to um ensuring that you
  314. 13:22have the right controls in place and
  315. 13:24ensuring that your governance um
  316. 13:26reflects the communication and the
  317. 13:29strategy that you're communicating to
  318. 13:31your stakeholders and your investors and
  319. 13:33those who you actually owe a fiduciary
  320. 13:35duty to so if in fact you are saying to
  321. 13:38your um clients that you completely have
  322. 13:41Choice over your investment but in fact
  323. 13:43there isn't a feature or there isn't a
  324. 13:45an option for them to choose where their
  325. 13:47money is Flowing then of course that
  326. 13:50anti-u scrutiny can easily then turn
  327. 13:53into a potential legal risk um where in
  328. 13:57fact you find a lot of the more
  329. 13:59sophisticated institutional investors
  330. 14:00and investor investment funds generally
  331. 14:03will often prioritize and centralize uh
  332. 14:07shareholder choice and in um investor
  333. 14:10choice and this is in in part a new it's
  334. 14:13not that new but it's a response
  335. 14:15essentially to these anti-g or don't
  336. 14:18invest my money using your own
  337. 14:21ideological um priorities as a way to
  338. 14:25control and as a way to hedge for um
  339. 14:29some of those risks at the end of the
  340. 14:31day um what what a lot of um smart what
  341. 14:35I would say smart investors have really
  342. 14:37come down to and financial providers
  343. 14:38have really come down to is let's just
  344. 14:40make sure that people have choice and I
  345. 14:43think that's a very smart framework to
  346. 14:45follow um and in in this in the
  347. 14:48instances where you do have say um a
  348. 14:51fund or investors who are interested in
  349. 14:56getting that 10 year 10% are year on-ear
  350. 15:00um Roi on their investment then it
  351. 15:03becomes a fiduciary obligation of those
  352. 15:04companies and those Banks and those
  353. 15:06financial institutions to to at least
  354. 15:08communicate and share that hey we
  355. 15:11believe you're going to have to invest
  356. 15:12in these happens to be ESG ranked
  357. 15:16companies and therefore that's why we're
  358. 15:18investing in because of your stated
  359. 15:20priorities of your goals for about the
  360. 15:2330 to 40 year Horizon and so uh the
  361. 15:27transparency must be there the document
  362. 15:29much show that that is how it's being um
  363. 15:31handled the prospectus the communication
  364. 15:36to who you're soliciting funds from has
  365. 15:38to be very clear on the on the measures
  366. 15:40and the metrics you'll be using and
  367. 15:42where where possible creating feutures
  368. 15:45to withdraw and um uh enter into these
  369. 15:49kinds of Investments uh truly gives the
  370. 15:53onus uh and the responsibility back to
  371. 15:57the investor to the shareholder rather
  372. 15:59than being the central decision maker in
  373. 16:01many
  374. 16:04cases thank you for that incredibly
  375. 16:07helpful just want to make sure that I
  376. 16:08understand the response because I'm
  377. 16:10thinking there's a a question here about
  378. 16:12how to avoid climate action lawsuits in
  379. 16:14the first place and it sounds like
  380. 16:17transparency and maybe shareholder
  381. 16:20choice is really at the center of this
  382. 16:22being very clear
  383. 16:23about people whose money you're
  384. 16:26investing have they're they're able to
  385. 16:27decide how you're investing and they
  386. 16:29have choices about how to do this have I
  387. 16:31got that correct and is there is there
  388. 16:33anything else that financial
  389. 16:34institutions may do to head off climate
  390. 16:36litigation which may be inevitable for
  391. 16:39political reasons or other reasons yeah
  392. 16:41no I think one investor choice is a
  393. 16:43great preventative measure um it kind of
  394. 16:46gives them the ability to decide whether
  395. 16:48they want their funds invested in a oil
  396. 16:50and gas or not um but other metrics and
  397. 16:53other measures is always um and things
  398. 16:56you start to see with a lot of um more
  399. 16:59of the institutional investors is uh
  400. 17:02bringing in the expertise uh across the
  401. 17:04board bringing in um you know folks who
  402. 17:08can advise on uh a transition risk or a
  403. 17:12uh uh more of a like a def financing or
  404. 17:17defunding risks right and so one I think
  405. 17:21ensuring that you are actually informed
  406. 17:23as an advisor and as an investor of what
  407. 17:27you're actually doing is a a point of
  408. 17:30evidence at the very least that this is
  409. 17:32an informed decision that this is a
  410. 17:34careful and prudent
  411. 17:37decision um other ways of mitigating
  412. 17:41climate litigation risk right we have
  413. 17:44had we have Focus so much on the threat
  414. 17:46of
  415. 17:47anti-g um scrutiny but there's also a
  416. 17:51very active and Global uh group of pro
  417. 17:56ESG or even further than ESG folks who
  418. 17:59also want their money and their
  419. 18:01financial institutions to Value uh
  420. 18:04decarbonization at a faster rate and so
  421. 18:07that risk is very much there as well and
  422. 18:10and it will likely only grow um perhaps
  423. 18:14not in the US but globally if you're a
  424. 18:15bank that has multiple uh offerings
  425. 18:18across the world this is something
  426. 18:20you're already probably tracking and to
  427. 18:23minimize those risk again it comes down
  428. 18:25to transparency and it comes down to
  429. 18:28what I would think um engagement with
  430. 18:30your stakeholders a lot of times what
  431. 18:33the stakeholders want to know is
  432. 18:35especially those who go and issue those
  433. 18:37proxy statements who go into those proxy
  434. 18:39wars with you they really want to know
  435. 18:41is are you actually taking this
  436. 18:43seriously and some of the best examples
  437. 18:45of financial institutions that have
  438. 18:47handled on both sides kind of the the
  439. 18:50scrutiny is actually by engaging in
  440. 18:53dialogue and
  441. 18:54conversation it's obviously a business
  442. 18:56decision at the end of the day more than
  443. 18:58a Le one uh and often CEOs will opt to
  444. 19:03say okay there's clearly legal risk here
  445. 19:05but this is something we value this is
  446. 19:07something that we want to capitalize on
  447. 19:10there's a$3
  448. 19:11trillion uh climate transition waiting
  449. 19:14for us to finance that's where we're
  450. 19:17going to go and and For Better or Worse
  451. 19:19a lot of businesses make the tough call
  452. 19:22but that is the time we're in some of
  453. 19:24these decisions are just not easy ones
  454. 19:26and at the end of the day engaging with
  455. 19:27your stakeholders getting informed
  456. 19:29ensuring that your governance is fair
  457. 19:30and
  458. 19:31transparent and then ultimately making
  459. 19:33the decision that you believe is best
  460. 19:36will at least in Delaware protect you
  461. 19:38against the uh using the business
  462. 19:40judgment rule
  463. 19:42so great that's great thank you for that
  464. 19:45and such a good reminder that financial
  465. 19:47institutions can face anti-g scrutiny
  466. 19:49and also Pro or even more than Pro uh
  467. 19:52ESG scrutiny when stakeholders are
  468. 19:54concerned that financial institutions
  469. 19:56are taking these risks seriously so
  470. 19:58thank you for that so if we are thinking
  471. 20:01about the $3 trillion opportunity and
  472. 20:04what I think most folks agree is a is a
  473. 20:06net zero priority um what do you see as
  474. 20:10the role of companies and trying to
  475. 20:12shift the Regulatory and political
  476. 20:14landscape toward one that's more
  477. 20:16supportive of Net Zero strategies so
  478. 20:19what and what best practices you've seen
  479. 20:21them on stakeholder and political
  480. 20:23engagement can you recommend yeah you
  481. 20:26know and this is a really big question
  482. 20:28and there's no kind of right answer and
  483. 20:31I I make these things because I'm a
  484. 20:33lawyer and I have a caveat tendency and
  485. 20:35I say this because uh companies can play
  486. 20:38so many roles um in net zero and it
  487. 20:40doesn't have to be an activist role you
  488. 20:43have an example in Patagonia that has
  489. 20:46you know taken its platform and taken
  490. 20:48that activist role but one of the very
  491. 20:51underrated things about the Patagonia of
  492. 20:53the world is that they value showing to
  493. 20:55their peers that you can absolutely be
  494. 20:59profitable and do so being a responsible
  495. 21:02Steward of your natural resources and so
  496. 21:06one of the most simple and within the
  497. 21:09business strategy ways companies can do
  498. 21:11this is show us show your competitors
  499. 21:14show your industry that you're going to
  500. 21:17figure out a way to make money in a way
  501. 21:19that's going to help you be resilient in
  502. 21:22climate events be a resilient Workforce
  503. 21:25and innovate to solve some of these
  504. 21:27problems that's obviously the most um uh
  505. 21:31simple yet hard way to do it the other
  506. 21:33way that companies can engage um in
  507. 21:35ensuring that there's more movement
  508. 21:37towards net zero because it is such an
  509. 21:39important and uh
  510. 21:42existential uh topic that we all need to
  511. 21:44get on board yesterday with is really
  512. 21:49um engaging with their stakeholders
  513. 21:53listen to customers listen to your
  514. 21:55investors listen to your employees stake
  515. 21:58holders are how you're going to innovate
  516. 22:01they're going to let you know where the
  517. 22:03next opportunities lie it's not going to
  518. 22:05be the sea Suite that sits there behind
  519. 22:07a computer with Trends and and and uh
  520. 22:11data points from McKenzie or deoy or any
  521. 22:13of these consulting firms that's going
  522. 22:14to make a determination it's going to be
  523. 22:16coming from your stakeholders of where
  524. 22:20you need to go next listen and be ready
  525. 22:23to innovate around that be ready to tap
  526. 22:25into those opportunities as you're
  527. 22:27looking for those risks
  528. 22:29and then my final kind of recommendation
  529. 22:32is this is not a unique time I I want to
  530. 22:36remind people and companies and
  531. 22:38corporate leaders this is not unique we
  532. 22:40are uh we have solved many important
  533. 22:43problems um in the world there was a
  534. 22:46time where air pollution felt like it
  535. 22:48could never be solved there was a time
  536. 22:49where the ozone layer was so thin that
  537. 22:52people were suffering all kinds of
  538. 22:54things we have been able to solve a lot
  539. 22:56of great problems over the span of
  540. 22:59corporate history alone much less human
  541. 23:01history it is important to know that any
  542. 23:04act or any positionality that you take
  543. 23:07as a company isn't going to be the end
  544. 23:10of the world and it is not the last
  545. 23:12thing or the first thing uh that anyone
  546. 23:16has done and I like to
  547. 23:18deemphasize the um the hype around
  548. 23:22corporate engagement in this in the
  549. 23:24social sphere in the environmental
  550. 23:25sphere because for a very long time uh
  551. 23:29companies did think about these issues
  552. 23:32and they built them into their
  553. 23:33strategies this is why you started to
  554. 23:35see companies that were 200 years old
  555. 23:37may stay in the S&P 500 for a longer
  556. 23:40period of time and so it is very
  557. 23:42important that we remember that
  558. 23:45longevity of your company and the
  559. 23:47longevity of our markets depends on a
  560. 23:50company's ability to listen engage and
  561. 23:53navigate social and political CH changes
  562. 23:56it is part of the business strategy not
  563. 24:00separate
  564. 24:02from that's amazing advice and I love
  565. 24:05this this stakeholder engagement is so
  566. 24:07important political engagement and this
  567. 24:08is where the Innovation will come from
  568. 24:10from the listening and from pivoting and
  569. 24:12reminding companies that they can do it
  570. 24:15um they have done it and they can do it
  571. 24:17so thank you for that um we got one more
  572. 24:20question here about the role of the
  573. 24:22legal department particularly maybe in
  574. 24:24financial institutions if you're
  575. 24:25advising the legal department of a major
  576. 24:27Bank or asset
  577. 24:29manager was say the high the highest
  578. 24:32what would you tell them about managing
  579. 24:34climate risks and Associated political
  580. 24:37risks yeah this is a good question and
  581. 24:40you know one of the things we did a lot
  582. 24:42in when I was practicing in my um es
  583. 24:45Advisory Group back in uh Paul Weiss and
  584. 24:48and before that Jones day
  585. 24:51is fiduciary duty is the ultimate uh
  586. 24:55guiding source for how asset managers
  587. 24:59have to think about what they owe and
  588. 25:01what they must do it may not be loved
  589. 25:05and it may not be reputationally even
  590. 25:07sexy but
  591. 25:08is uh fiduciary duties are owed that is
  592. 25:12a legal requirement and just reminding
  593. 25:14oneself and grounding um when a company
  594. 25:17when the legal department is starting to
  595. 25:19think about what is a risk and what is
  596. 25:21not a risk grounding that risk mindset
  597. 25:24in these fiduciary duties what do you
  598. 25:26owe to the ultimate stakeholder which is
  599. 25:29your investor or your clients in this
  600. 25:31case or whomever you're owing your
  601. 25:33duties to First grounding grounding in
  602. 25:36that understanding I think legal
  603. 25:38departments suffer a little bit from
  604. 25:40reputational fears I think that's kind
  605. 25:43of the job of a legal department is to
  606. 25:45really ensure that there is somebody
  607. 25:47thinking about it um but it's also the
  608. 25:50job of a legal department to uh not just
  609. 25:54say no it is no but no but here's a
  610. 25:58number of different ways that could work
  611. 26:01within our risk appetite and no but is a
  612. 26:04very important mindset to have
  613. 26:07especially um when powerful asset
  614. 26:10managers who do have a stake in almost
  615. 26:12every company under the planet and Under
  616. 26:15the Sun um have to think about climate
  617. 26:18risk because climate risk is spread it
  618. 26:20is not centralized and if it's impacting
  619. 26:22one part of your portfolio it will
  620. 26:24absolutely impact another part of your
  621. 26:26portfolio and that is a huge risk that
  622. 26:30has to transcend the the fear of
  623. 26:32reputational Damages um in one way or
  624. 26:34another so staying grounded in your uh
  625. 26:37investment strategy being very clear um
  626. 26:40to the extent that you are as a legal
  627. 26:42team able to uh give metrics to um how
  628. 26:46you're thinking about the risk how you
  629. 26:48um do scenario planning as a legal
  630. 26:50department when um a number of the fears
  631. 26:53that the department might have do
  632. 26:55manifest that kind of preparation will
  633. 26:57help the legal department be a partner
  634. 27:00in pushing and helping the the the banks
  635. 27:03stay course what we've seen so much of
  636. 27:05is Banks not being able to stay course
  637. 27:07in a given Direction they've chosen and
  638. 27:09this is not me saying go in the
  639. 27:11direction of complete decarbonization
  640. 27:13and end all fossil fuel funding perhaps
  641. 27:16that is not the most prudent strategy
  642. 27:18for your
  643. 27:20specific company perhaps it's a 10-year
  644. 27:23Journey perhaps it's a 5-year Journey
  645. 27:24whatever that journey is the legal
  646. 27:26Department's job should be to help that
  647. 27:28company stay course and where those
  648. 27:31risks are to manifest turn those into
  649. 27:33Solutions and be able to communicate
  650. 27:35them and using the aid of inhouse
  651. 27:38created metrics to do
  652. 27:41so such an good advice to stay the
  653. 27:44course and and again to use your
  654. 27:46in-house CR metrics that's that's great
  655. 27:49and super clear thank you um so we're
  656. 27:51coming up on time I just want to ask if
  657. 27:53there's any last points you'd like to
  658. 27:55add or or message you'd like to leave us
  659. 27:57with
  660. 27:58yeah no my my I have a lot of Hope as
  661. 28:02you can tell uh around some of the the
  662. 28:05work that at least we're doing and and
  663. 28:07where I see the world kind of heading I
  664. 28:09think there's a lot of fear uh that we
  665. 28:11see through um news articles or kind of
  666. 28:14the uh from not knowing in some ways
  667. 28:17what's next but there's something really
  668. 28:19exciting about not knowing and I think
  669. 28:22embracing that uncertainty and um
  670. 28:25pushing in a Direction as a company in
  671. 28:28terms of innovation engaging your
  672. 28:30stakeholders and figuring out how you're
  673. 28:32going to survive as a company in the
  674. 28:34long term um or how you going to
  675. 28:36encourage your portfolio companies to do
  676. 28:38so are such important parts to play in
  677. 28:42this larger journey and that's what we
  678. 28:45push for the Berkeley has a set of
  679. 28:47principles called the three e or the
  680. 28:48Berkeley principles for sustainable
  681. 28:50capitalism and sustainable business and
  682. 28:52there are engagement endurance and
  683. 28:54evolution if companies can prioritize
  684. 28:57these three things
  685. 28:58they're likely doing I'm not going to
  686. 29:00say there will be but they're likely
  687. 29:02doing their part in helping solve some
  688. 29:05of these these massive uh problems that
  689. 29:08we're facing as a as a society so I'll
  690. 29:11I'll part ways with the three
  691. 29:13e that's fantastic we'll take the the
  692. 29:17three e and your hope U we'll take that
  693. 29:19package combined so thank you so much an
  694. 29:22this has been a great discussion really
  695. 29:24really appreciate your time absolutely
  696. 29:26thank you so much
  697. 29:28take care bye bye bye

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