Mar 3, 2023
Alexa De Leon (Fordham Law ‘23) and Jordan Phelan (Fordham Law ‘23) interview Helene R. Banks, Partner at Cahill Gordon & Reindel LLP, and co-chair of Cahill’s Mergers & Acquisitions and Corporate Advisory practice groups, about ESG — what it means, ESG considerations over the lifecycle of a business, and how entrepreneurs should approach disclosures regarding ESG. They also discuss greenwashing and green claims.
● [:40] Alexa De Leon introduces herself, Jordan Phelan and today’s guest Helene R. Banks.
● [2:30] An overview of the three major components of ESG practices and how they work together.
● [4:22] Main concerns regarding ESG for early stage entrepreneurs and startup companies.
● [7:06] The impact of ESG on investor interest and an overview of the current value of impact investing.
● [10:23] Diversity, transparency, and other critical features of ESG investing.
● [12:58] NASDAQ disclosure requirements and the ESG requests of a reasonable investor.
● [15:14] The role that strong ESG practices play in a company’s exit strategy.
● [19:44] Key considerations for environmental, social, and governance practices in the early stages of a company.
● [21:06] Greenwashing claims and how they can negatively affect a company.
● [25:36] Helene’s advice for crafting organized efforts around ESG.
● [28:45] A look at the future impact and role of ESG.
● “If you’re just starting out and you have a clear sense of your mission and purpose, it's a lot easier than having to figure it out later.” - Helene R. Banks
● “ESG is really a key value point for investors.” - Helene R. Banks
● “ESG is not a short-term value proposition. It’s a significant long-term plan.” - Helene R. Banks
● “When you are raising money in the private market, you have to discuss with your investment community what you’re doing. And part of what you’re doing is regarding your ESG initiatives.” -Helene R. Banks
● “There is a significant advantage to having your ESG bona fides in place before you try to exit.” -Helene R. Banks
● “You have to be clear on the difference between what you actually have done and what you are aspiring to do.” - Helene R. Banks
● “At some point, we won’t be talking about ESG because it will just be what companies do.” - Helene R. Banks
● Fordham’s Entrepreneurial Law Clinic
● Follow us on Twitter @FordhamELC
● Nasdaq Educational Foundation
● Fordham’s Entrepreneurial Law Advisory Council
Disclaimer:
The information contained in the Startup LAWnchpad podcast and any materials associated therewith (the “Podcast”) is for educational, informational, and entertainment purposes only. It does not constitute legal advice or tax advice with respect to any particular circumstance. The Podcast is not a complete overview or analysis of the topics presented and may contain information that varies in different jurisdictions and is subject to revision, interpretation, or nullification after the date of recording. The transmission of information to you does not create a lawyer-client relationship between you and any host, guest, or their respective employer, including but not limited to Fordham University School of Law and Lincoln Square Legal Services, Inc. None of these parties shall be liable for any loss that may arise from any reliance on the Podcast. You should not rely upon the Podcast or treat it as a substitute for legal advice. You should consult a lawyer familiar with your particular circumstances and licensed in your jurisdiction for legal advice.
Helene Bank’s comments in this Podcast are for general information purposes only and not intended to advertise her Firm’s services, solicit clients or represent the Firm’s legal advice.