ESG-driven enforcement is continuing to mature and is not
limited to soft-law expectations or investor pressure. Across key
jurisdictions, regulators and prosecutors are scrutinizing
disclosures, product claims, and supply chain diligence with
greater focus, while activists and NGOs are using novel legal
theories to encourage governmental action and corporate behavioural
change.
In 2026, there will be a dual risk environment: in Europe and
certain other regions, there will be heightened regulatory and
criminal enforcement, while in some areas of the United States,
companies will face increased political scrutiny and litigation
risks.
Expect ongoing investigative activity in some jurisdictions,
with ESG themes emerging as predicates in fraud, consumer
protection, sanctions, customs, and money laundering cases.
