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ANALYSIS: The ‘S’ in ESG Leads Litigation in 2022 ... So Far

Sept. 14, 2022, 9:00 AM

From addressing greenwashing concerns to preparing for disclosures on climate-related risks to creating ethical policies for supply chains, the environmental, social, and governance (ESG) space is rapidly evolving, and associated legal actions will likely adapt with it.

The “S” in ESG is at the forefront of ESG-related litigation, but the “E” isn’t far behind, and the SEC’s likely imminent finalization of proposed rules on climate-related risks and shareholder proposals may tip the scales.

ESG Issues

To determine what type of federal complaint—environmental, social, or governance—accounts for the majority of ESG-related litigation, I conducted keyword docket searches based on the ...