Green Guide Profile: Hausfeld LLP

Specialist litigation firm Hausfeld LLP has a firmwide sustainability programme overseen by the Global Executive Committee and facilitating its path to becoming net zero. Its climate impact hub launched in 2021 drives conversation around the role of law in acting against climate change. A significant portion of its work on climate change is also done on a pro bono basis.

The firm has an impressive bench of climate change litigators. This includes David Lawne who assisted Save the Children International on the case involving six young people who have asked the European Court of Human Rights (ECtHR) to declare that 33 European states are in breach of human rights obligations due to climate change contributions. This is the first case involving climate change to be considered by the ECtHR.

Ingrid Gubbay and Wessen Jazrawi closely collaborated with Washington-based partners on the firm’s advice to Greta Thunberg and 13 other youth climate activists. The team helped them to prepare a petition asking the UN Secretary António Guterres to declare a UN-wide emergency on the climate crisis as was done for COVID-19 in 2020.

The firm has also been involved in a group action brought against Daimler/Merceds Benz in the UK following findings that the company had installed defeat devices enabling vehicles to cheat on emissions tests, thus likely to be emitting harmful levels of nitrogen oxide.

The team counts experienced litigators such ESG veteran Ingrid Gubbay, Lianne Craig, Wessen Jazrawi, David Lawne, Sarah Moore and Simon Bishop amongst its squad. Conflict-free and prepared to litigate against major defendants, they are willing to take risk – for example through acting on CFAs – and have brought major cases on a pro-bono basis. Based on the firm’s extensive experience bringing mass tort claims in the US and litigating group actions in the competition sphere in the EU, the team has the ability to bring significant group claims in the Human Rights & Environmental litigation space. In addition, the team operates at the cross-over between commercial, competition and consumer claims. Not only do they bring groundbreaking litigation but they also influence this space by speaking at many events, highlighting ways in which the legal profession can work together on climate change, and through the Hausfeld Climate Impact Hub.  In 2021, the team won the ‘Innovation in Sustainability & ESG’ award at the FT Innovative Lawyers Europe Awards.

The pursuit of social justice and accountability is part of Hausfeld’s DNA. ‘Righting a wrong’ and finding innovative ways of doing so, is at the cornerstone of what we do. Our commitment to social justice and the groundbreaking climate change work we have done, are real differentiators in the market. Because we are largely conflict-free, we can act against organisations which others cannot. We bring groundbreaking climate impact cases (such as the petition to the UN related to climate change and the intervention before the ECHR in a climate change case which put the team firmly on the map as pioneers in this area) and a proposed Part 8 intervention in a claim seeking to undermine the viability of private nuisance claims in the context of river pollution. We continue to challenge the UK Government’s poor record in reaching its climate change targets.

Over recent years, the firm has worked with external consultants who have assisted us in devising measures to minimise our carbon footprint.  With the aim of becoming a net-zero business, we are now in the process of developing a firmwide sustainability program, overseen by the Global Executive Committee.

Our dedicated climate impact hub intends to ‘drive ambition’ and stimulate conversation around the urgent role that the law can and must play in this space. The Hausfeld team provides thought leadership in this dynamic area of policy and law, facilitating conversations with key influencers such as leading legal specialists, activists, climate scientists and economists. We invite you to join the conversation.

In addition, we influence through law and policy. In March 2022, the British Institute of International and Comparative Law appointed Ingrid Gubbay as a Visiting Research Fellow for their expert group on Climate and Environment. In this new capacity, Ingrid will be able to help develop BIICL projects and her contributions as a lawyer with considerable experience in the development of climate litigation at BIICL.

Has your firm established a dedicated ESG/climate change/sustainability practice, team or task force?

Lianne Craig, Managing Partner

Yes.  Environmental & Human Rights veteran, Ingrid Gubbay, has been with Hausfeld since our launch and we have had a growing team working in this space for over a decade.  We are therefore very pleased to be recognised by Legal 500 as part of the inaugural Green Guide.

One of our core strengths is that we have a multi-disciplinary approach which allows us to be very forward thinking in this area.  Other key members of the team are Wessen Jazrawi, Sarah Moore, David Lawne and Simon Bishop.

What type of work do you handle in connection with “green change”?

Our international team has been involved in a number of changemaking climate change cases. With very little existing case law, the team are always looking for innovative legal approaches.  For example, we helped Greta Thunberg and 13 other youth climate activists from around the world prepare the petition which on 10 November 2021, they submitted to UN Secretary-General António Guterres asking that he and the leaders of all UN agencies declare a systemwide UN emergency on the climate crisis, as they did in 2020 on the COVID-19 crisis.  There is cross-over into the consumer work we do – for example, the Mercedes Emissions Claim Businesses where we represent thousands of individuals and businesses that have purchased or leased affected Mercedes vehicles – as well as into the commercial disputes sphere. The most obvious example is greenwashing claims.  We have also worked with NGOs such as ClientEarth providing analysis and research in relation to issues around corporate reporting.

Would you like to highlight a particular area of strength?

We take on cases that look to create new law in the public interest and are not afraid to take risks in terms of challenging the legal status quo.  Our commitment to social and climate justice means that, in addition to pro bono work, other cases are completed on a heavily discounted fee-basis or on a CFA Light basis.  We are very proud to say that our willingness to adopt flexible fee structures in this way allows claimants without deep pockets to have access to justice.

Has your firm implemented any internal best practises?

We are a relatively small firm but take our responsibilities seriously.  For the past three years, the firm has worked with external consultants to consider recommendations arising out of our carbon footprint and, with the aim of becoming a net-zero business, we are in the process of developing a firmwide sustainability program.

Has your firm joined any external ESG-related projects, networks or initiatives?

Given our pioneering work, the team is regularly invited to speak at key conferences including COP events.  Often they speak about how lawyers can help in this sphere. The work we do influence through law and policy gets noticed and in March 2022, the British Institute of International and Comparative Law appointed Ingrid Gubbay as a Visiting Research Fellow for their expert group on Climate and Environment.

Is your firm involved in any relevant pro bono work?

A significant part of our environment and climate change practice is done on a pro-bono basis, supported by the fee-earning practice areas of the firm. A prime example is our intervention on behalf of Save the Children International in a landmark climate change legal action in the European Court of Human Rights. The underlying case was filed by Global Legal Action Network on behalf of 6 Portuguese young people in September 2020 and was the first case involving climate change to be considered by the ECtHR.  The intervention drew the ECtHR’s attention to the importance of children’s rights, where Save the Children has a lot of practical experience, with a particular focus on their physical and mental well-being, and how they are affected by climate change. Doing this pro bono meant that Save The Children received the input of a large team of experienced litigators, both solicitors and barristers, at no cost.

Is your firm involved in any public outreach or client education?

With our dedicated climate impact hub we want to stimulate conversation around the urgent role that the law can and must play in this space. The Hausfeld team provides thought leadership in this dynamic area of policy and law, facilitating conversations with key influencers.

Have there been any recent non-confidential stand-out matters that were particularly innovative, pioneering or complex?

I already mentioned our work with Save the Children and the 13 youth climate activists. Another example is our intervention on behalf of a consortium, including the Environmental Law Foundation and Good Law Project, in the Manchester Ship Canal Co Ltd (MSC) v United Utilities (UU) appeal related to excessive dumping of sewage into the Manchester Ship Canal. We obtained permission for our clients, youth activist Daze Aghaji and Skipsea resident Peter Garforth, to bring a judicial review in relation to the Government’s carbon budgets and hold the Government to account for its failures to adopt adequate policies to combat climate change. Our clients were pleased to see that the Government dropped its appeal of the court’s decision on 18 July 2022 that the Net Zero Strategy was unlawful, and also conceded their judicial review claim.

When did ESG, climate change and/or sustainability become an area of focus at your firm?

This has always been a part of our firm since we launched in London some 13 years ago.

What has driven your firm’s involvement in a green transition? (Client demand? Business case? Personal attitudes/beliefs/initiatives?)

It is part of who we are and what we do as a firm.  Accountability and righting a wrong is at the heart of what we do – whether that is for individuals or businesses, whether it affects someone commercially or personally. We have always championed social and climate justice and offering a voice to those impacted.  It is an important by-product of this deeply held belief that our partners and associates get to work on groundbreaking cases that mean a huge amount to them personally and to their families and communities.

Do you have any strategic plans to expand your work or your initiatives in this area in the future?

This is a very important part of our work, and therefore part of our strategic plans, as it is a way for us to give back to society, but also to ensure we all continue to have a society to be part of.

Where do you see the future of ESG/sustainability in the legal community (both in terms of legal offerings and firms’ best practices)?

I recently attended an IBA conference with other law firm leaders from around the globe and it was clear that ESG is very much at the top of the agenda for many firms who want to accompany their clients and their communities on the journey to net-zero.  This area will become a necessary part of our practices as lawyers and it presents many opportunities for the legal community to be part of a movement to protect the world from catastrophic effects of climate change and environmental degradation.  The next generation of lawyers want to be doing this work, time is short and the time is now.  I encourage all lawyers to get involved.