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ARTICLE · 25 SEPTEMBER 2024

Emerging Trends In Shareholder Activism And ESG Litigation

On September 19, 2024, The Advocates' Society held its 14th Annual Securities Symposium. As part of the program, Patrick Gadson (Vinson & Elkins LLP, New York) and Kelly Osaka (Dentons Canada LLP, Calgary)...

CanadaCorporate/Commercial Law

On September 19, 2024, The Advocates' Society held its 14th Annual Securities Symposium. As part of the program, Patrick Gadson (Vinson & Elkins LLP, New York) and Kelly Osaka (Dentons Canada LLP, Calgary) joined Brian Kolenda (Lenczner Slaght LLP, Toronto) to discuss emerging trends in shareholder activism and ESG litigation. Their discussion, summarized below, emphasized the importance of understanding market participants and political sentiment, while highlighting upwards trends in greenwashing-related litigation, and the increasing prominence of proxy firms.

Greenwashing in the Canadian Market

The panel opened with a discussion about greenwashing in the Canadian market in light of the rise of greenwashing advertising class actions in the US. Greenwashing refers to a company providing to the public, or to investors, misleading or false information about the environmental impact of a company's products and operations. Kelly Osaka explained that with the

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