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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Finance

Date & Time
  • event Date

    Tuesday, July 15, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will discuss the current uncertain legal and regulatory landscape surrounding environmental, social, and governance (ESG) considerations and sustainability in real estate finance and investment and the issues real estate investment funds should consider in implementing ESG initiatives in their portfolios. The panel will address the business case for ESG and sustainability by highlighting how these factors impact asset valuation and performance, property management, risk mitigation, and access to capital. 

Faculty

Kristin E. Niver
Counsel
Robinson & Cole LLP

Ms. Niver represents banks, insurance companies and debt funds in construction and permanent loans, debt restructurings and secondary market transactions, as well as working with market-rate and affordable housing developers and owners on financings, acquisitions and sales, joint venture arrangements, condominium regimes, and leases for all product types, including multifamily, retail, office and hotel, and frequently as part of complex mixed-use development and redevelopment and master planning projects nationwide. In addition to her broad background in CRE finance and development generally, Ms. Niver has had a career-long focus on affordable housing and community development, both as a real estate and commercial finance attorney, and formerly as an urban planner specializing in affordable housing finance and policy. She has extensive experience in community development lending, impact finance syndications and programmatic and policy issues related to affordable housing, and routinely provides legal advice to profit and nonprofit developers, financial institutions, investors, and community development entities engaged in all types of complex real estate development and financing transactions, specifically social impact investing and tax credit finance.

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Matthew Edward Schernecke
Partner
Parent: Hogan Lovells US LLP

Mr. Schernecke advises direct lenders, mezzanine investment funds, and venture capital investors in a variety of debt and investment transactions with borrowers of all sizes, types, and structures. He also counsels private equity clients and corporate borrowers on domestic and cross-border acquisition financings, out-of-court restructurings and workouts, bankruptcy matters, ESG and impact investment financings, and real estate financings. Mr. Schernecke leads transactions spanning diverse industries, including financial services, real estate, retail, life sciences, health care, technology, food and beverage, hospitality, film and music entertainment, media, and telecommunications.

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Description

The commercial real estate industry is currently navigating a new legal and regulatory landscape relating to ESG and sustainability punctuated by shifts in regulatory and deregulatory policy changes on the state, federal, and international levels. These changes have created uncertainty in the real estate finance industry, leaving investors and developers examining the relevance of ESG and sustainability initiatives and wondering whether and to what extent they should continue to pursue these initiatives going forward. 

ESG and sustainability factors can provide important metrics beyond traditional financial criteria to evaluate how properties and portfolios are performing, providing a strong business case for continuing to pursue these initiatives. 

Pursuing ESG and sustainability initiatives can enhance an asset's bottom line. Building sustainability measures such as energy efficiency is appealing to tenants because it demonstrates that the landlord is engaging in cost savings measures that will likely be passed onto tenants. Investors are also demanding and prioritizing sustainability because they recognize that green properties are better positioned for long-term growth and risk mitigation, leading to higher returns and reduced volatility. 

The Trump administration intends to rollback most ESG and sustainability-related federal laws, but there are regulatory developments on the state and international levels that make compliance strategies in this area complex. Counsel must understand the growing patchwork of laws and regulations to effectively advise their clients in this area. 

Listen as our authoritative panel discusses ESG and sustainability considerations in real estate finance and investment and provides suggestions for investment funds and asset managers navigating the uncertain legal and regulatory landscape.

Outline

I. Overview: ESG and sustainability in real estate finance

II. Current legal and regulatory/compliance framework and how it is expected to change

III. Business case for ESG and sustainability: how ESG and sustainability factors drive value and investment in real estate

IV.  Mitigating ESG and sustainability legal and regulatory risks

V. Guidance for navigating the fragmented legal landscape 

Benefits

The panel will review these and other key considerations:

  • What is the current legal and regulatory compliance framework and what changes are expected over the next few years?
  • To what degree are ESG considerations driving real estate fund investing in today's market?
  • How do ESG and sustainability considerations figure into the valuation of a real estate asset?
  • What are the current litigation risks involving ESG-related claims?