ESG Considerations for Real Estate Investment and Finance: Key Provisions, ESG Due Diligence, and Asset Management

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Finance
- event Date
Tuesday, March 15, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss the increasing focus on environmental, social, and governance (ESG) in real estate finance and investment and the issues real estate investment funds should consider in implementing ESG initiatives in their portfolios. The panel discussion will include ESG due diligence, provisions in fund agreements, and incorporating ESG goals and metrics into real estate asset management.
Faculty

Ms. Mac Cormac’s practice focuses on late-stage financings, secondaries, and other corporate transactions for investors, such as SoftBank and Temasek, and on investments for some of the top investors dedicated to impact, from “impact first” foundations to family offices to private equity funds. She co-led the drafting group for the first of the new corporate forms (the Social Purpose Corporation in California), has created hybrid/tandem corporate structures and crafted debt and equity instruments that blend impact with traditional financial terms, and has used corporate law to develop creative capital market solutions to pressing environmental problems. She also advises the boards of public and private companies on corporate governance and fiduciary duties as applied to sustainability and climate change.

Mr. Tether has 30 years of experience in real estate, finance, construction, and corporate law. His experience includes real property acquisitions and dispositions; commercial mortgage financing; complex joint ventures and partnerships; negotiating and closing complex, multiparty transactions; project financing through various governmental and private sector debt and equity sources; large-scale mixed-use property development projects; drafting and negotiating related transaction documentation and business agreements; corporate finance; mergers and acquisitions; leveraged leasing; infrastructure development; commercial leasing; loan workouts; bankruptcies; and litigation. Mr. Tether has experience with virtually all real estate asset classes, including multifamily, office, retail, industrial, and hospitality.

Ms. Jin is the General Counsel for First Street Foundation, a nonprofit research and technology group dedicated to quantifying and communicating climate change risks for every property in the United States. The Foundation has developed the first comprehensive, publicly available, property level climate risk models in the United States. The Foundation’s data is leveraged by industry and governments for use in critical analysis of the potential impact of climate perils on infrastructure, mortgage and housing market inefficiencies, government spending and taxes, and vulnerable communities. Ms. Jin started her legal career with law firms Jones Day and Hawkins Delafield & Wood in New York, and was previously at WeWork, the leading global flexible space provider.

Ms. Wilder brings over 10 years of commercial real estate experience to CGI Merchant Group LLC. She has handled transactions pertaining to the acquisition, disposition, leasing and financing of office, retail, mixed-use, condominium, multifamily and senior housing assets. Additionally, Ms. Wilder has comprehensive experience in legal matters regarding real property, contracts, joint ventures, corporate governance, fund formation, and human resources. Ms. Wilder earned her JD from St. Thomas University School of Law, where she was on the Dean’s List. She holds a BSc from Nova Southeastern University, with a major in Business and Professional Management.
Description
ESG criteria are increasingly applied to screen real estate loans and investments, focusing on measuring real estate portfolios against environmental sustainability benchmarks. Investment managers must understand the ESG attributes in their investments for economic benefits and address the concerns of investors, regulators, and lenders.
Properties are already experiencing rising insurance premiums in regions that have experienced climate-related natural disasters. Investment managers must show lenders and investors the steps they are taking to mitigate any financial loss that may arise due to climate change.
ESG due diligence might involve the assessment of utility bills, energy audit reports, certifications, surveyors' reports, and independent databases such as geospatial databases and flood records. Investors and lenders might also seek information regarding tenants to screen out sectors such as gambling or arms manufacture.
Asset managers must also have systems in place to monitor ESG issues post-acquisition, including ways to measure and report on energy/water use, greenhouse gas emissions, waste management, and tenant engagement. Each asset should have an action plan, with periodic review and revision over time.
Listen as our authoritative panel discusses ESG considerations in real estate finance and investment and the actions investment funds and asset managers should take to meet the demands of ESG-oriented investors.
Outline
- What does ESG mean for the real estate industry
- What are the material elements of ESG specific to real estate
- Which are getting the most attention right now
- How important are they for both compliance and returns
- What about commitments to climate: carbon neutral or net zero
- Who is making them
- What changes are they driving in the industry
- How are companies and investors in the real estate industry minimizing the chances of green-washing
- Review of data available
- Measurement, benchmarking, and reporting
- How should ESG be considered in investments
- Diligence
- Portfolio management: companies and assets
- What about in development
- What is the best new technology to "green" existing buildings and new construction
- How does ESG drive value in the real estate
- Value of underlying assets/properties/rentals
- What is the current regulatory/compliance framework and how do we expect it to change over the next 12-24 months
- What is next for ESG in real estate
Benefits
The panel will review these and other vital issues:
- To what degree are ESG considerations driving real estate fund investing in today's market?
- How might environmental and climate change considerations figure into the valuation of a real estate asset?
- What kinds of due diligence can be conducted on an asset to screen for ESG issues?
- What kinds of tools and metrics can asset managers employ to monitor the ESG performance of a real estate portfolio?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Navigating UCC Issues in Real Estate Finance Opinions: The ABA/ACMA/ACREL/ACCFL Opinion Report
Friday, May 30, 2025
1:00 p.m. ET./10:00 a.m. PT

Assignment of Rents Enforcement After a Default: Receivership, Foreclosure, and Bankruptcy Issues
Friday, May 30, 2025
1:00 p.m. ET./10:00 a.m. PT

Default Provisions in Real Estate Joint Ventures: Bankruptcy, Distressed Property, Removal of Manager
Tuesday, May 20, 2025
1:00 p.m. ET./10:00 a.m. PT

ESG and Sustainability in Real Estate Finance: Asset Management, Legal and Regulatory Uncertainty, Risk Mitigation
Wednesday, May 21, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Transforming CLE from a Requirement to a Career Advantage
- Learning & Development
- Career Advancement
- Talent Development