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Law Firm Climate Change Scorecard 2 Table of Contents

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Law Firm Climate Change Scorecard 2 Table of Contents OCTOBER 2020 THE 2020 LAW FIRM CLIMATE CHANGE SCORECARD CLIMATE SCORES FOR VAULT 100 LAW FIRMS 1 CLIMATE SCORE FIRMS Cozen O’Connor Sheppard, Mullin, Richter & Hampton A Schulte Ross & Zabel Wilson Sonsini Goodrich & Rosati Arent Fox Irell & Manella Cooley Littler Mendelson Davis Wright Tremaine Mintz, Levin, Cohn, Ferris, Glovsky, & Popeo Drinker Biddle & Reath Pepper Hamilton B Fenwick & West Seyfarth Shaw Fish & Richardson WilmerHale Goodwin Procter Winston & Strawn Ballard Spahr Kramer Levin Naftalis & Frankel Bryan Cave Leighton Paisner McDermott Will & Emery Debevoise & Plimpton Nixon Peabody Duane Morris Proskauer Rose Foley Hoag Quinn Emmanuel Urquhart & Sullivan C Fox Rothschild Williams & Connolly Fried, Frank, Harris, Shriver & Jacobson Willkie Farr & Gallagher Kilpatrick Townsend & Stockton Alston & Bird Katten Muchin Rosenman Arnold & Porter Kaye Scholer Kellogg, Hansen, Todd, Figel, & Frederick Blank Rome Locke Lord Boies Schiller Flexner Mayer Brown Cadwalader, Wickersham & Taft Morgan, Lewis & Bockius Cahill Gordon & Rendell Morrison & Foerster Cleary Gottlieb Steen & Hamilton Norton Rose Fulbright Covington & Burling O’Melveny & Myers Crowell & Moring Orrick Herrington & Sutcliffe Davis Polk & Wardwell Paul Hastings Dechert Perkins Coie D Dentons Pillsbury Winthrop Shaw Pittman DLA Piper Reed Smith Foley & Lardner Ropes & Gray Greenberg Traurig Steptoe & Johnson Haynes and Boone Susman Godfrey Holland & Knight Troutman Sanders Hughes Hubbard & Reed Venable Jenner & Block Wachtell, Lipton, Rosen, & Katz Jones Day Weil, Gotshal & Manges K & L Gates Akin Gump Strauss Hauer & Feld Linklaters Allen & Overy McGuire Woods Baker & Hostetler Milbank Baker Botts Munger, Tolles & Olson Baker McKenzie Paul, Weiss, Rifkind, Wharton & Garrison Clifford Chance Shearman & Sterling Cravath, Swaine, & Moore Sidley Austin F Freshfields Bruckhaus Deringer Simpson Thatcher & Bartlett Gibson, Dunn, & Crutcher Skadden, Arps, Slate, Meagher, & Flom Hogan Lovells Squire Patton Boggs King & Spalding Sullivan & Cromwell Kirkland & Ellis Vinson & Elkins Latham & Watkins White & Case LAW FIRM CLIMATE CHANGE SCORECARD 2 TABLE OF CONTENTS TABLE OF CONTENTS AUTHORS & ACKNOWLEDGEMENTS ................................................3 EXECUTIVE SUMMARY...............................................................................4 I: THE ROLE OF LAW FIRMS IN THE CLIMATE CRISIS..............11 II: LAW FIRMS, LEGAL ETHICS, & THE CLIMATE CRISIS..........17 III: METHODS...................................................................................................19 IV: RESULTS.....................................................................................................26 V: LIMITATIONS..............................................................................................31 VI: RECOMMENDATIONS........................................................................36 VII: COMMITMENTS....................................................................................38 APPENDICES..................................................................................................44 LAW FIRM CLIMATE CHANGE SCORECARD 3 AUTHORS & ACKNOWLEDGMENTS LEAD AUTHORS Tim Hirschel-Burns Alisa White AUTHORS Karen Anderson Scott Stern Camila Bustos Rachael Stryer Lexi Smith ACKNOWLEDGEMENTS The authors of the Law Firm Climate Change Scorecard (2020) thank Han Chen at Natural Resources Defense Council and Jennifer Skene at Yale Law School and Natural Resources Defense Council for their helpful input throughout the development of this report. We further thank Jamie Henn of Fossil Free Media for his advice and support for the graphic design of this report. Thank you to Christine Irvine and Sean Cann for their excellent graphic design and website design support, respectively. LAW FIRM CLIMATE CHANGE SCORECARD 4 EXECUTIVE SUMMARY EXECUTIVE SUMMARY Climate change is the defining The 2020 Law Firm Climate issue of this century. Unless we Change Scorecard is the first to rapidly change course, climate detail the scale of top law firms’ change will continue to produce role in the climate crisis. Using catastrophic warming, extreme the best data available, the 2020 weather events, and hundreds of Law Firm Climate Change millions of deaths from 2020 to Scorecard analyzes litigation, 2100. [1] The consequences of transactional, and lobbying work climate change will fall conducted by the 2020 Vault disproportionately on low- Law 100 law firms—the 100 most income communities and prestigious law firms in the communities of color, and large United States—from 2015 to regions of the globe will be 2019. Each firm receives an rendered uninhabitable. The overall Climate Score reflecting fossil fuel industry continues to its contribution to the climate pursue a business model crisis based on the data in these incompatible with the scientific three categories. consensus on climate change. On page one of this report, we When future generations look list the Climate Scores of every back at the origins of the Vault 100 firm. Sections I and II climate crisis, they will see that describe in further depth the too many law firms were on the role of the legal industry in wrong side of history. Law firms driving the climate crisis. constitute an indispensable Section III details the methods pillar of support for the fossil used to grade the Vault 100 fuel industry. When fossil fuel firms. Then, Sections IV and V companies want to build new detail the results and limitations pipelines and refineries, law of the report. Sections VI and VII firms write the contracts and provide recommendations to advise the project financing. Law law students, law firms, and law firms lobby public officials to roll firm clients on how to use the back environmental regulations information in this report as well and give tax breaks to polluters. as commitments that law firms And when fossil fuel companies and law students can make to face lawsuits seeking to hold address the role of law firms in them liable for violating laws the climate crisis. Appendix B and damaging communities, provides a profile of each Vault law firms work to get them off 100 firm, including their Climate the hook in exchange for Score and the amount of work substantial legal fees. they conducted in each category evaluated in this report. LAW FIRM CLIMATE CHANGE SCORECARD 5 EXECUTIVE SUMMARY This report shows that Vault 100 firms lend As this report elucidates, law firms are not their services to clients engaged in neutral actors. The Vault 100 firms have no expanding fossil fuel dependence and shortage of clients to choose from, and too exacerbating climate change far more than many have chosen the side of the actors clients working to mitigate climate change. destroying humanity’s chance to avert the From 2015 to 2019: climate crisis. The firms included in this report often defend their reputations by Vault 100 firms worked on ten times as pointing to their pro bono work and many cases exacerbating climate change sustainability projects. While these efforts as cases addressing climate change: 286 are valuable, firms’ work on behalf of paying cases compared to 27 cases. clients holds much more significance in the Vault 100 firms were the legal advisors on fight against climate change. No Vault 100 five times more transactional work for firm dedicates more than 11% of its billable the fossil fuel industry than the hours to pro bono clients, [2] and most renewable energy industry: $1.3 trillion of dedicate substantially less. transactions compared to $271 billion of transactions. However, this report also acknowledges the Vault 100 firms lobbied five times more role law firms can and do have in mitigating for fossil fuel companies than renewable the climate crisis. Firms are graded based energy companies: for $36.5 million in not only on their contributions to the fossil compensation compared to $6.8 million fuel industry, but also their support of the in compensation. renewable energy industry and their litigation to mitigate climate change. We Of the Vault 100 firms, only four firms factor in this positive work to illustrate a receive an A Climate Score, while 14 receive path forward for law firms that seek to a B, 15 receive a C, 41 receive a D, and 26 affirmatively fight climate change through receive an F. Climate Scores for each firm their work. are shown on page one of this report. While these Climate Scores show that the Vault The legal industry needs to fully address its 100 firms as a whole are in need of role in the climate crisis. We hope this report significant improvement, some firms will assist a wide range of individuals contribute far more to the climate crisis involved in the legal industry and help the than others. Within the Vault 100 rankings, legal industry begin the process of individual firms differ significantly in the reckoning and change. scale of their contribution. For example: First, this report provides law students Paul, Weiss worked on as many cases and young lawyers with a resource when exacerbating climate change as 62 other deciding on their current and future Vault 100 firms combined. employment. We cannot ignore the role of Allen & Overy was the legal advisor on law firms in exacerbating the climate crisis, more transactional work for the fossil fuel and this report is another step in raising industry than 78 other Vault 100 firms consciousness of how our employment combined. choices shape the world. We, the next Hogan Lovells lobbied more for fossil fuel generation of lawyers, can choose
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