Environmental Social Governance

Advising clients on critical ESG strategies

Increasingly essential to everyday business, ESG is no longer the domain of select industry leaders. We can provide the guidance necessary to navigate not only regulatory, legal and reputational issues but also the strategic opportunities that come with a broadened risk management approach.

More than ever, organizations need a partner who can help them anticipate and manage risk related to ESG issues. Increased public scrutiny of environmental, civil rights and social issues has propelled many in the private sector to quickly adapt. We help identify, prioritize and reduce regulatory, reputational and financial risks, while preserving long-term flexibility to address an evolving landscape.

Brownstein’s distinctive multidisciplinary approach is essential to a comprehensive ESG strategy. Across our areas of focus—Corporate, Natural Resources, Government Relations, Litigation, Real Estate, Cybersecurity and Crisis Management—we bring together teams that understand what’s at stake. Our work encompasses energy and carbon, supply chain, intellectual property and privacy, water quality and waste, regulatory risk, corporate governance and transactions. We know that “small” issues can escalate into a crisis with bottom line impact, and that risks, once tenable, can become unacceptable liabilities more quickly than ever before.

Our Experience & Commitment

What We Do

Civil rights audits
Consumer protection defense and compliance
Corporate governance, fiduciary duty, fraud and securities issues
Natural resource and water supply risk assessment, management and strategy
Multi-benefit forest and agricultural land management
Regulatory development disclosure requirements: develop and implement strategies for engagement
Cybersecurity and privacy
Employee benefits: retirement plan investment decisions, ERISA fiduciary duty, plan design and administration, and proxy voting
Fair lending policies and procedures to prevent disparate treatment or impact in underwriting and servicing
Green energy and real estate development
Greenwashing and labeling diligence
Regulatory policy counsel on carbon capture and sequestration, alternative and clean fuel, and air quality regulations

Facilitating Development of the Nation’s First “Carbon-Positive” Hotel

When Urban Villages decided to make Denver home to the first “carbon-positive” hotel in the nation, they knew it would be a challenge. That’s why our Real Estate and Construction teams were brought in to make this dream a reality. From negotiating the acquisition of the city-owned land; navigating entitlements, variances and transferrable development rights; securing construction financing; negotiating design and construction contracts; and advising on change of scope during construction, our team made the process as smooth as possible for Urban Villages. Set to be completed in 2024, the aspen tree-inspired design of the 13-story Populus Hotel will feature 265 guest rooms, a rooftop restaurant and bar, and retail and event space.

Addressing Water Scarcity in Colorado

When the Department of Natural Resources, Colorado Water Conservation Board, Denver Water and Greenway Foundation signed an agreement for a reallocation of water to an environmental pool at Chatfield Reservoir, it was the culmination of more than a decade of work to address water scarcity in Colorado. The Brownstein team was critical to making this happen handling all of the complex natural resource issues that arose throughout the course of the project. Designed to store water which can be released as needed, the Chatfield environmental pool will provide multiple benefits to the Denver metro area. From enhancing recreational opportunities and improving water quality to providing additional stream flow to support agricultural needs, the Chatfield environmental pool is a critical step in securing Colorado’s future water resources.

Managing Risk and Achieving Favorable Resolutions After a Data Breach

At Brownstein, we take a holistic approach to solving our clients’ challenges. Our multidisciplinary style is why a major education services and product company came to us following a data breach of customers’ PCI information. Cardholder data was posted on the dark web and fraudulent charges led to multiple lawsuits and inquiries across the country. We helped triage the crisis, oversee and advise a third-party investigation, maintain communication among leadership and manage negotiations with the credit card companies regarding appeals and penalties. Brownstein managed forensic investigation coordination, proof of compliance with industry standards and litigation response to mitigate reputational risks and deliver a favorable resolutions in class action litigation, attorneys general investigations and credit card company administrative processes

Securing the Future of a Social Enterprise

Jewish Family Service (JFS) sought to establish a social enterprise that would directly and positively influence the community. JFS drew on its long-term relationship with Brownstein to provide pro bono legal counsel on all aspects of its acquisition of Altius Farms, a grower of high-quality, local, chemical- and pesticide-free leafy greens. JFS Altius Farms is home to a rooftop greenhouse located in Denver’s historic Five Points neighborhood, which yields over 31,000 pounds of fresh produce each year. The fresh produce will be sold to local restaurants and grocers, as well as to stock the JFS food pantry to serve those with food insecurity. We’re at our best when we’re helping clients achieve their goals, working with an organization we believe in and giving back to the community.