Emily B. Holland

Emily Holland is Counsel in the Firm’s Environmental, Social and Governance (ESG) and Sustainability Practice. Based in Simpson Thacher’s Washington, D.C. office, Emily advises companies, sponsors and financial institutions on policy and business decisions relating to an evolving scope of ESG requirements and expectations in the U.S. and worldwide, including the development of ESG strategies, due diligence, governance structures, tailored policies and procedures, and reporting and disclosures, and with stakeholder engagement, risk mitigation/crisis management, benchmarking, training and disputes. Focusing primarily on social and governance matters, Emily aids her clients in navigating ESG risk across a variety of industries by constructing sustainability strategies and policies in response to corporate governance and responsibility challenges. She has also advised governments, intergovernmental organizations and NGOs on human and labor rights issues and the broader sustainability agenda.

Experience prior to joining Simpson Thacher includes:

• Advising leading private equity firms and companies in the U.S. and UK in conducting risk assessments and mitigation strategies associated with ESG issues in the context of major transactions, and applying a phased approach to human rights due diligence more generally, covering salient human rights issues to be considered and applied in a variety of contexts.
• Advising an ad hoc group of note holders on the financial restructuring of a mining company and its group from a litigation, compliance and human and labor rights perspective.
• Advising one of the largest global technology companies on varied human and digital rights issues and considerations, and evaluating implications for its policies, procedures and responses.
• Conducting a peer benchmarking review of ESG policies, procedures and regulatory and voluntary disclosures for a U.S. solar energy provider to inform the company’s ESG strategy and initial sustainability report.
• Advising a multinational global financial institution in the process of strengthening its vendor risk management process, focused on enhancing vendor requirements addressing ESG related risk.
• Providing cutting-edge supply chain compliance support to a leading power generation company in relation to the U.S. Conflict Minerals Rule, EU Conflict Minerals Regulation, UK Modern Slavery Act, California Transparency in Supply Chains Act (CATSCA), Section 307 of the Tariff Act of 1930, Uyghur Forced Labor Prevention Act (UFLPA), U.S. Federal Acquisition Regulation Final Rule on Combating Trafficking in Persons, and U.S. sanctions and export controls.
• Providing ongoing advice to an Asian government ministry on U.S. government actions aimed to address human and labor rights issues globally, including via sanctions, export controls and import restrictions targeting labor practices in the Xinjiang region of China, and U.S. national action plans on human trafficking and business and human rights more broadly.
• Advising a global lead battery recycler on embedding sustainability matters into enterprise risk considerations and management processes, and with stakeholder engagement on responsible mineral sourcing.
• Advising a multinational technology manufacturer in relation to UFLPA compliance and enforcement, including via supply chain mapping, risk assessment, supplier screening, due diligence and evidence collection; review and improvement of internal controls and oversight systems in the company’s operations and supply chain; input on communication strategies; and assessing the availability of new technologies as an emerging element of regulatory compliance programs.
• Producing for an intergovernmental body a detailed report on human and labor rights landscape in a country to inform an assessment in respect of certain trade arrangements.
• Producing for a multinational energy company a comprehensive Corporate Social Responsibility review and recommendations ahead of the company’s initial Corporate Human Rights Benchmark assessment, and conducting peer benchmarking.
• Advising a multinational technology metals producer on a Responsible Business Alliance audit across human rights, labor rights, environmental and ethics areas, and implications for corporate policies, procedures and codes.
• Conducting a gap analysis on policies addressing security and human rights and responsible mineral sourcing for a large China-based mining company, and providing policy recommendations on related issues with respect to international standards, principles and resources.
• Providing for a multinational aerospace and defense client legal and strategic advice on scope and application of relevant human rights due diligence and reporting requirements and expectations, and managing operational and legal risks through the identification and assessment of human rights issues, the application of effective governance and oversight, and via stakeholder engagement.
• Assisting companies with supply chain due diligence, Human Rights Impact Assessments and the remediation of adverse human rights impacts.
• Assisting companies with the development and/or internal reviews of human rights and sustainability policies and processes informed by the UN Guiding Principles on Business and Human Rights (UNGP), OECD Guidelines or Multinational Enterprises, Sustainable Development Goals, sector-specific standards and frameworks and initiatives (including modern slavery and human rights policies, risk assessments and supplier codes).
• Advising public companies on sustainability reporting, human rights disclosures and related shareholder liability issues.
• Representation of companies that have faced exposure or litigation in relation to human rights impacts, such as under the Alien Tort Statute, CATSCA and Trafficking Victims Protection Act, as well as OECD National Contact Points complaints.
• Drafting a grievance mechanism to address issues related to freedom of expression and privacy in accordance with the UNGP effectiveness criteria.

Emily has written and presented extensively on ESG issues. In 2011, she co-authored a book on the experience of child soldiers in Liberia and a Liberian woman who became their champion, which was endorsed by Gloria Steinem.

Emily has been ranked as one of three Star Associates globally for Business & Human Rights Law by Chambers Global (2021 and 2022) and prior to that as an Associate to Watch (2020). She is the recipient of Princeton in Africa’s inaugural Outstanding Alumni Award (2019) and The Bishop’s School’s Young Alumni Award (2009), and has been recognized by the D.C. Bar for her pro bono efforts.

Emily received her J.D. from the University of California, Berkeley – School of Law in 2012, where she was a member of the California Law Review. She received her B.A., magna cum laude, from Princeton University in 2001. She is admitted to practice in New York and the U.S. District Court for the District of Columbia.