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In Greenwashing

United States: Navigating the new rise of greenwashing litigation

by , and 8 Mins Read

In brief It comes as no surprise that class actions targeting greenwashing claims — or green advertising — continue to rise in number and complexity. Although consumer demand and regulatory actions have increasingly motivated businesses to make public statements about their sustainability practices and commitments to climate change, now is the time to take a step back and reevaluate those sustainability claims and marketing. Vague, unverified and unsubstantiated claims can all too easily lead to…

In Financial Services Regulation

International: Transition Finance – Where are we going from both a market and regulatory perspective

by , and 10 Mins Read

In brief The term ‘transition finance’ has now firmly established itself in the lexicon of financial market participants, however, there does continue to be some differing perspectives around the scope of the term’s definition. Some consider it to encompass climate transition across all sectors of the economy, whilst others take the narrower view that it concerns financing aimed at assisting higher emitting organizations, such as those involved in energy production, transportation, mining, and cement, the…

In ESG

Singapore: ESG developments

by , and 11 Mins Read

A spotlight on enforcement and litigation risks In brief ESG is increasingly of prioritised concern to companies and organisations due to a growing number of legislations and regulations as well as awareness of ESG issues. Across jurisdictions, we see a rising trend towards more active ESG enforcement and litigation. In our The Year Ahead: Global Disputes Forecast 2024,[1] nearly three-quarters (73%) of the respondents said that environmental, social and governance (ESG) disputes presented as the…

In Class Actions

First environmental class action brought under UK collective action regime

by and 3 Mins Read

A claim against one of the UK’s largest water companies for allegedly misleading regulators about the number of times it discharged sewage into waterways has been brought in the Competition Appeal Tribunal (CAT) on behalf of the company’s eight million customers. It is the first time the “opt out” collective action regime established by the Consumer Rights Act 2015 has been used to bring an environmental claim and marks a significant development in the ESG…

In ESG

Plastic and Recyclability Litigation: Best Practices to Minimize Risk

by and 4 Mins Read

With a growing trend toward taking more ESG measures, some companies are at risk of lawsuits from consumers involving plastic packaging. Here are some best practices boards should know about to mitigate the risk of litigation. In a recent trend, citizen advocates and environmental groups have been filing lawsuits asserting novel theories against major companies that use or rely on plastic, even if the companies do not produce plastic products or are not involved in…

In ESG

ESG Considerations For Trustees

by and 11 Mins Read

In brief ESG is an acronym for environment, social and (corporate) governance – factors considered originally (and separately) to be a measure of an organisation’s corporate social responsibility, and which are becoming increasingly important in determining its financial and general success. ESG encapsulates a broad range of issues including (but by no means limited to) sustainability, corporate ethics, human rights, social good, climate change and corporate culture. Why is ESG important? The broadness of the…

In ESG

ESG Duties of Directors

by and 1 Min Read

ESG (environment, social and corporate governance) issues, including human rights, have increasingly become a board level concern as the trend towards stakeholder capitalism and regulatory intervention on the topic has grown. Actions to impose statutory responsibilities on directors, to introduce programmes on specific issues (such as forced labour and conflict minerals), to mandate disclosure and transparency, and to threaten the corporate licence to operate through sanctions or restrictions on procurement, have all contributed to an…