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ARTICLE · 03 JUNE 2022

The ESG Litigation And Enforcement Wave (Or Is It A Tsunami?) Has Arrived

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If the first wave of ESG was about marketing and promotion, then the second wave is shaping up to be about litigation and enforcement.

CanadaCorporate/Commercial Law
Conor Chell
Conor Chell
Laura Roberts
Laura Roberts
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If the first wave of ESG was about marketing and promotion, then the second wave is shaping up to be about litigation and enforcement.

Despite the recent pushback on ESG ratings and climate disclosures from prominent voices like Tesla's head Elon Musk and HSBC's head of sustainable investing, government agencies around the globe are taking compliance and enforcement of ESG disclosure very seriously to ensure transparent and honest reporting for investors and other corporate stakeholders.

SEC Sets the Tone

While the U.S. Securities and Exchange Commission's (SEC) proposed rule on climate disclosures for publicly traded companies remains out for comment until June 17, 2022, the SEC is already taking strong action to tackle greenwashing and misleading claims related to ESG disclosure.

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