David P. Hackett

Biography

David Hackett advises senior management, legal departments and boards of major corporations and nonprofits on compliance, risk, environmental and sustainability matters. He has exceptional experience managing US and international compliance and environmental projects, including the evaluation and development of effective compliance and sustainability programs. He also has extensive experience litigating major civil and criminal environmental matters. David sits on multiple nonprofit boards and additionally advises many civic and nonprofit organizations across the globe.

Following his tenure with the Environmental Enforcement Division of the US Department of Justice, David joined the Firm where he has played a formative role in the establishment of the Firm's compliance, environmental, climate and ESG practices. At Baker McKenzie, David has served as the managing partner of North America, a member of the Global Executive Committee, and Chicago office managing partner. He has also been the North America Chair of both the Compliance Practice Group and the Banking, Finance and Major Projects Practice Group.

Practice Focus

David's practice concentrates on the representation of multinationals and organizations related to compliance and risk, especially involving ESG matters. In connection with ESG, he provides advice on ESG programs and reports, risk assessments, reporting and disclosure, governance and structure, transactions, supply chain matters, and litigation. He has evaluated and reviewed ESG programs and reports for leading multinationals in diverse industries. He advises companies, financial institutions, project developers and standard setters in relation to climate strategy, as well as carbon credit project development, transactions, trading and requirements. He has assisted multiple public companies in their development of conflict mineral programs and the related SEC filings as well as more broadly ESG supply chain strategies and matters. He is a frequent speaker on ESG and has authored articles on ESG governance and ESG litigation. He also has advised leading ESG standard setters and organizations such as the UN Global Compact, World Business Council for Sustainable Development, World Resources Institute, the Prince of Wales Charitable Foundation Accounting for Sustainability, Global Reporting Initiative, and World Bank/IFC.

Representative Legal Matters

ESG Programs, Advice, and Transactions

Evaluated ESG report and program of Fortune 100 food company.
Advised Board of Fortune 100 energy company related to ESG strategy and assisted company with submission of comments to SEC on potential ESG disclosure requirements.
Reviewed Fortune 50 retailer sustainability and responsible sourcing program and identified legal risks through comprehensive assessment for legal department, including extensive recommendations.
Advised Fortune 500 toy manufacturer in relation to its ESG program and ESG Annual Report

Compliance, Sustainability and Risk Management

Assessed Fortune 100 corporate compliance and regulatory program through 60 person interview and document review process for Chief Compliance Officer, General Counsel and Board, and oversaw multiyear implementation of recommendations.
Evaluated Fortune 50 natural resource company environmental compliance program through document review and 75 person (5 country) interview process for legal department and health, environment and safety group, and assisted with recommendation implementation.
Evaluated Fortune 500 natural resource company corporate compliance program for Chief Compliance Officer and General Counsel.

Environmental Litigation and Enforcement

Litigated several cases in the Northern District of Illinois and Seventh Circuit, including a successful settlement against the Chicago Metropolitan Water Reclamation District, the largest wastewater treatment system in the United States, regarding its noncompliant wastewater discharges.
Representation of a former director and officer of a chemical manufacturer through the Eleventh Circuit and a petition for certiorari to the US Supreme Court, appealing his criminal conviction for violations of the Clean Water Act, RCRA and CERCLA.
Representation of a publicly traded diverse manufacturing company through trial in multiple class actions in the Northern District of Illinois alleging contamination of drinking water wells from historic TCE spills and seeking recovery for property diminution, personal injury, emotional distress, medical monitoring and punitive damages.

Professional Honors

American College of Environmental Lawyers
US Department of Justice, Special Achievement Award
Best Lawyers in America, Environmental
Lawdragon, Leading 500 Lawyers in the United States
International Who's Who of Environmental Lawyers
Illinois Super Lawyers - Illinois Leading Lawyers
Ethisphere, Lawyers Who Matter, Environmental
Lexology, Client Choice, Illinois

Professional Associations and Memberships

American College of Environmental Lawyers
USCIB Environment and CSR Committees
American Bar Association, Business, International and Environment and Natural Resources Committees
World Business Council for Sustainable Development
Environmental Law Institute, Council of Partners

Corporate Responsibility

Chicago Academy of Sciences/Peggy Notebaert Nature Museum - Board Chair
World Business Council for Sustainable Development, North America Board Chair
Chicago Symphony Orchestra Board
Chicago Civic Consulting Alliance Board
National Parks Conservation Association, Midwest Advisory Board
Prince of Wales Charitable Foundation, Accounting for Sustainability, Global Advisory Board
World Resources Institute, Corporate Consultative Advisory Board
Ethisphere, Advisory Board

He also provides advice to multiple foundations and nonprofits, including, for example, Chicago CRED, Chicago Wilderness, Great Lakes Alliance, Joyce Foundation, Middleburg Film Festival, NPCA, Natural Resources Defense Council, Nature Conservancy, Prince of Wales Foundation, WRI, and XQ Institute.

Admissions

Illinois~United States (1990)
District of Columbia~United States (1981)

Education

University of Pennsylvania Law School (J.D.) (1981)
Haverford College (B.A.) (1976)

Languages

English

Presentations

Climate Law University - U.S. Climate Developments Baker McKenzie Webinar, 16 December 2021
Climate Change and Private Companies, Private Directors Association Webinar, 17 November 2021
30th Annual International Environmental Conference: U.S. Climate Developments, Baker McKenzie Webinar, 2 November 2021
Corporate Compliance: ESG and CSR, Society of Corporate Compliance Ethics, Las Vegas, 21 September 2021
Road to COP26 Podcast Series Baker McKenzie Podcast/webinar, 22 July 2021

ESG - Reporting & Disclosure Infonex Webinar, 26 May 2021
Demystifying ESG Series -Litigation Baker McKenzie Webinar, 15 April 2021
ESG Litigation WBCSD Webinar, 25 February 2021
Demystifying ESG Series-What will Biden's presidency mean for ESG Baker McKenzie Webinar, 11 February 2021
Modernizing governance to align strategy & purpose GreenBiz-WBCSD Webinar, 9 February 2021
Climate Law University - Climate and ESG in M&A Transactions (2) Baker McKenzie Webinar, 9 December 2020
Climate Law University - Climate and ESG in M&A Transactions (1) Baker McKenzie Webinar, 11 November 2020
ESG Programs and Considerations for Boards NASDAQ/Integrate Webinar, 10 November 2020
ESG-Sustainability Baker McKenzie Webinar, 26 October 2020
ESG Reporting Yale Webinar, 14 October 2020
Sustainable Finance Webinar Baker McKenzie Webinar, 25 September 2020
Addressing Investor Calls for ESG Reporting and Assurance: The Importance of High Quality ESG Disclosures AICPA/SASB Webinar, 23 July 2020
Best Practices for Corporate Social Responsibility Environmental Law Institute Webinar, 22 July 2020
From Purpose to Action - Integrating Sustainability Into Strategic Outcomes: Building Better Business as a Catalyst for Better Societies WBCSD Webinar, 8 July 2020
International Environmental Conference: ESG Performance - Evolving Reporting and Disclosure Regimes for Global Businesses Baker McKenzie Webinar, 25 June 2020
Modernizing Governance WBCSD Webinar, 20 May 2020
Supply Chain Risks & Rewards in Emerging Markets Conference Baker McKenzie Webinar, 12 March 2020
Sustainable Development Goals (SDG) Summit GreenBiz Phoenix, 3 February 2020
Sustainability and Board Governance WBCSD Lisbon, 16 October 2019
The Intersection of Ethics and Compliance and CSR Convercent Denver, 3 October 2019
Engagement & Communication for Management, Boards and Institutional Shareholders: The "E" of ESG: How Stakeholders are Engaging on Creating Value, Responsibly Skytop Strategies New York, 12 September 2019
Managing Private Sector Environmental Initiatives: Navigating the Legal Risks of Private Environmental Programs Environmental Law Institute Washington, DC, 6 September 2019
Collaborating for SDG Impact, UN, WBCSD, UN, New York, 17 July 2019
International Environmental Conference: Sustainability Programs and Risk, Baker McKenzie, Chicago, 20 June 2019
UNGC Regional Meeting: General Counsel and Sustainability, UNGC, Chicago, 9 May 2019
World Business Council for Sustainable Development Annual Delegates Meeting: Aligning Retirement Assets and Sustainability, WBCSD, Montreux, 2 April 201
WBCSD Annual Delegates Meeting: Board Governance and Sustainability, WBCSD, Montreux, 1 April 2019
Environmental and Sustainability Consideration, Haverford College, Haverford, 23 March 2019
Sustainability Corporate Governance 101, WBCSD, New York, 13 March 2019
Emerging ESG and Sustainability Brand and Legal Risks: Evolving ESG Programs, WBCSD, New York, 9 March 2019
Symposium on Sustainable Finance 2018: ESG Disclosure Standards, Yale Center for Business and the Environment, New Haven, 2 November 2018
WBCSD Annual Meeting: Aligning Retirement Assets and Sustainability, WBCSD, Singapore, 24 October 2018
Reframing Human Rights: Presentation on Supply Chain Due Diligence, Skytop Strategies, New York, 27 June 2018
International Environmental Conference: Emerging ESG and Sustainability Brand and Legal Risks: Evolving ESG Programs, Baker McKenzie, Chicago, 21 June 2018
Sustainable Investing & Fiduciary Responsibilities: Recent Key Regulatory Changes for Retirement Plans, WBCSD, Webinar, 18 June 2018
ESG and Retirement Program, Professional Services Sustainability Roundtable (PSSR) - Boston College for Corporate Citizenship (BCCC), Boston, 13 June 2018
GRI Governance Roundtable: Presentation on ESG Governance, GRI, Chicago, 30 May 2018
GRI Corporate Leadership Group on Minerals Due Diligence Reporting, GRI, Paris, 20 April 2018
WBCSD Annual Conference: Panel Presentation on ESG Investment, WBCSD, Montreux, 18 April 2018
ESG4 Summit: Presentation on ESG Investment Risks and Opportunities, Skytop Strategies, New York, 5 April 2018

Publications

Co-author, Growing ESG Risks: The Rise of Litigation, Environmental Law Reporter, October 2020
Co-author, Trust Continuum: Sustainability and performance are two sides of the same coin, June 2020
Co-author, Modernizing Governance: ESG Challenges and Recommendations for Corporate Directors, WBCSD, January 2020
Co-author, "Shale Gas - Global Environmental Law and Regulation," June 2013
Pro Bono Service By In-House Counsel, Strategies and Perspectives, Practising Law Institute, Editor, 2010

Mr. Hackett is the author of multiple articles published in The Environmental Corporate Counsel Report; The Environmental Counselor; American Bar Association Journal; Yearbook on International Environmental Law; The American University Journal of International Law and Policy; Natural Resources, Energy and Environmental Law; The Year in Review; European Economic Community; Product Liability Rules and Environmental Policy; Chemical and Radiation Waste Litigation Reporter; The Environmental Forum; and The Natural Resources Lawyer.