ESG & Investing

A Class-Action Wave Is Coming for ESG Claims

In-house counsel all over the world are bracing for a greenwashing lawsuit tsunami amid tougher disclosure requirements.

Photographer: Drew Angerer/Getty Images North America
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Lawyers are bracing for an increase in ESG-related cases as corporate disclosure requirements stiffen around the world.

A survey by the law firm Norton Rose Fulbright found that 28% of more than 430 general counsel and in-house litigation leaders said their so-called ESG dispute exposure increased in 2022, and 24% expect it to deepen over the next 12 months. The key reasons are the absence of clear environmental, social and governance metrics and requirements, and the heightened regulatory scrutiny on the importance of ESG.