ESG Litigation Trends: Answers to Frequently Asked Questions

21 minutes | July.06.2023

An increasing focus by companies on environmental, social and governance (ESG) factors has led to more litigation and regulatory scrutiny. Against that backdrop, a cross-practice ESG  team at Orrick answers common questions about trends in ESG litigation in a new Expert Q&A in Practical Law The Journal. The team shares guidance for companies, investors, directors and officers to consider and shares insights and perspectives on topics that include:

  1. ESG-related SEC enforcement actions as well as proposed SEC disclosure rules on climate-change and human capital management.
  2. How companies can best position themselves to avoid or defend claims asserted against DEI initiatives and shareholder and consumer claims brought in court to address climate change issues.
  3. What ESG-related shareholder actions are likely in the future – plus ESG-related litigation outside the U.S. that all multinational corporations should track.

The Q&A covers securities fraud cases, shareholder demands and proposals, derivative suits employment litigation over DEI and the growing number of  ESG-related actions by the SEC and other regulators.