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ARTICLE · 04 AUGUST 2023

ESG Litigation Trends

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Published in the Association of Business Trial Lawyers' ABTL Report, the article looks at how companies have been under increased scrutiny from investors, consumers and government agencies...

United StatesCorporate/Commercial Law
Katten Muchin Rosenman LLP
Katten Muchin Rosenman LLP
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Published in the Association of Business Trial Lawyers' ABTL Report, the article looks at how companies have been under increased scrutiny from investors, consumers and government agencies over environmental, social and governance (ESG) issues. As companies continue to expand their ESG programs in part due to greater public and political attention on ESG issues, companies must also confront an increased risk of attention from private litigants.

Companies should anticipate ESG-related litigation in the form of shareholder derivative lawsuits, consumer protection litigation, suits by environmental advocacy groups, employment discrimination claims and other private litigation. The article examines key areas of growth in ESG-related litigation, including green marketing; climate pollution; diversity, equity and inclusion; and anti-ESG measures.

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