Supporting Sustainable Business Practices through Law

Welcome & Introduction

Dana Gold, Director, Center on Corporations, Law & Society at Seattle University School of Law

Setting the Context: Sustainability & the Law
The United Nations World Commission on Environment and Development defines “sustainable development” as “meeting the needs of the present without compromising the ability of future generations to meet their own needs.” This session will discuss the concept of sustainability and how it relates to the law and lawyers.

Langdon Marsh, Fellow, National Policy Consensus Center; Vice-President, Sustainable Seattle Board of Directors

Sustainable Business Practices and Corporate Social Responsibility: A Primer
“Sustainable business,” “corporate social responsibility (CSR),” and “Environmental/Social/Governance (ESG)” factors are all terms frequently used to describe business practices that reflect concern for societal interests beyond mere profit. This session will give an overview of concepts related to such practices, such as “triple bottom line” and “goodwill value,” and offer examples of how these concepts are reflected in the business setting, including reporting and disclosure, stakeholder engagement, certifications, and corporate codes of conduct.

Speakers:
Gifford Pinchot, III, Co-Founder & President, Bainbridge Graduate Institute and Pinchot & Company
John Kenley, Corporate Counsel, Darigold, Inc.; MBA Candidate– Bainbridge Graduate Institute

Lawyers as Sustainable Business Advisors
A broad spectrum of industries, ranging from energy and construction to consumer product manufacturers, are increasingly interested in engaging in sustainable and responsible operations that protect the environment and social welfare. How can lawyers best advise business clients interested in adopting sustainable business practices? This session will explore the various areas of law involved in supporting sustainable business, such as contracts related to supply chain considerations, employee treatment in the workplace, corporate governance considerations, and intellectual property issues.

Speakers:
Jon Kroman, Owner & Chair, Sustainable Business Practices Committee, Garvey Schubert Barer Seattle, WA
Scott Warner, Owner, Garvey Schubert Barer, Seattle, WA

Risks & Rewards of Sustainable Business
Lawyers must not only be familiar with the business benefits that flow from the adoption of sustainable practices—such as increased reputation value, greater employee trust and retention, and lowered risk of regulatory violations and enforcement—but they must also be familiar with the legal risks that may be associated with sustainability practices that come from measuring corporate performance on a longer-term time frame than the quarterly return and by other measures of value than increased share price. How can lawyers balance these interests?

Speakers:
Karen Raines, Director of Corporate Sustainability, Costco Wholesale Corporation
Jeff Wolfstone, Shareholder, Lane Powell, Portland, OR; Vice President & General Counsel, Nau, Inc.

The Emerging Legal Landscape of Sustainability
This session will discuss the changing business and government responses to the concepts of sustainability and corporate responsibility, as well as opportunities presented for developing creative legislation that supports sustainable business practices when the NGO and corporate communities collaborate.

Speakers:
Gwynne Skinner, Visiting Clinical Professor of Law at Seattle University School of Law, International Human Rights Clinic; of counsel, Public Interest Law Group
Barbara Lither, Attorney, Office of Regional Counsel, USEPA Region 10
Ross Macfarlane, Senior Advisor, Business Partnerships, Climate Solutions

Corporate Governance: Embedding Sustainability in the Corporation
Increasingly, both companies and legislatures are seeking to use mechanisms of corporate governance to drive socially and environmentally responsible business practices, such as embedding into the articles of incorporation a mandate to consider the welfare not only of shareholders but also of the environment, human rights, the local community, and workers, or structuring a board of directors to include voices related to the public interest. Similarly, shareholders are using their powers as investors to influence and reward corporate policies and practices. This session will explore how trends related to the law and structure of corporations can support sustainable business practices.

Speakers:
David Forman, Partner & Co-Chair, Sustainability Practice Group, Tonkon Torp LLP, Portland, OR
Bruce Herbert, President, Newground Social Investment
Jeff Wolfstone, Shareholder, Lane Powell, Portland, OR; Vice President & General Counsel, Nau, Inc.