ANALYSIS: Tips for Powering Up ESG Diligence and Reps in M&A

As important as environmental, social, and governance issues have become in the corporate world, I wondered whether the standard M&A deal process was keeping up. Researching Bloomberg Law’s Transactional Precedents, that does not appear to have happened yet. At a minimum, the standard environmental- and governance-related representations and warranties buyers customarily use in M&A agreements come up short on ESG details.

To get the proverbial “jump on it” and, possibly more importantly, to align acquisitions with ESG commitments of buyers, target companies, and investors, I recommend that buyers and their counsel take action to address ESG issues more fully, ...