With the link between business and ethical behavior becoming increasingly clear, the Firm has launched a new Business & Human Rights Group to help clients live up to their legal responsibilities.

In his closing statement to the 2017 UN Forum on Business & Human Rights, BNP Paribas CEO Jean-Laurent Bonnafé stated:”We need to ensure that the companies we finance or in which we might invest, are not involved in activities violating human rights.”

It’s a statement that sums up the challenge businesses are facing when it comes to running their operations while safeguarding human rights.

We live in a time when there is increasing pressure on companies to address human rights issues, a growing body of national laws requiring human rights reporting, the need for more sophisticated due diligence to identify risks, and a heightened threat of lawsuits.

“We need to ensure that
the companies we finance
or in which we might
invest, are not involved
in activities violating
human rights.”

BNP Paribas CEO Jean-Laurent Bonnafé

Businesses also face increased reputational risks from alleged abuses, and intense scrutiny from investors, the media and the general public, who all rightly expect them to act ethically. 

With this in mind, the Firm can play a key role in advising our clients on the legal and reputational risks and opportunities they face regarding human rights issues. 

We can help them navigate the complex risks and opportunities in an environment where soft law is steadily turning into hard law in many jurisdictions around the world.

That is why we’ve recently started our Business & Human Rights Group. Here, Partner Clare Connellan, who is leading the group, explains the thinking behind the decision.

Q. Why has the Firm chosen to start the Business & Human Rights Group now? 

Clare: We’ve increasingly heard from our clients that addressing human rights is an important issue for them, particularly as they may impact supply chain, operations or financing.

Across a number of our practices, clients want our due diligence, impact assessments, policies and governance counsel to reflect human rights.

From a financial perspective, consumers, shareholders and regulators are differentiating companies based on their record of support for human rights. There is a business benefit to them, and we are able to help support their goals.

Beyond the business reasons for this, there are also drivers from both professional ethics and national legislation.

Many professional bodies have issued guidance for lawyers advising in relation to business and human rights (including the American Bar Association, International Bar Association, the Law Society of England & Wales and the Law Council of Australia).

National legislation, particularly focused on transparency, is also acting as a catalyst for conversations with corporates, such as the UK’s Modern Slavery Act, France’s Duty of Vigilance law and the California Transparency in Supply Chains Act. 

Q. Can you explain how the B&HR Group will work? Is it designed to be plugged into any matter/deal across practices when needed or does it focus on a particular area of work?

Clare: The Business & Human Rights Group was formed as an interest group that will cross all practice areas, regions and industry sectors. Our members will work with lawyers wherever there is a need for guidance and expertise. 

Already, we have had more than 50 partners indicate their support and desire to be involved in the effort. These lawyers come from nearly every practice and from many of our offices. We’re going to draw on the deep expertise of lawyers like Jacqui MacLennan, Tallat Hussain, John Tivey and Owen Pell, who bring their own long track records to the core leadership group.

Q. Why did you get involved in the B&HR Group?

Clare: Whilst In law school, I focused on the intersection of human rights and law. It’s of great personal interest to me and I’m excited to have been asked to lead the group. I plan to bring my enthusiasm and knowledge of this aspect of the law so that it, along with the deep understanding that other lawyers have of this area, helps us best serve our clients around the globe.

Q. What is your vision for the group? How do you see its position/role in the firm 2 to 3 years from now?

Clare: We will be able to offer to our clients business and human rights advice as a component of any mandate we receive. In other words, it will become a standard part of White & Case’s client offering.

I hope that over the coming months and years, the Business & Human Rights Group will grow in membership and utility to the Firm and our clients. 

Given the trend toward greater transparency in how businesses conduct their operations with regard to human rights, what we offer will increase in importance and attractiveness for our current clients. We also see it becoming an increasingly important differentiator for us with new clients. 

Q. Where can people learn more about it?

Clare: We have a comprehensive Connect page and, soon, will have a public-facing site on whitecase.com where clients and others can read about our goals for the group, read research, thought leadership and learn more about our lawyers with expertise in business and human rights.