Evolving Litigation Risks in Green Investing, Green Marketing and ESG

Environment and energy partner Bonnie Barnett and litigation associate Jared Black coauthored an article for The Legal Intelligencer that covers current litigation trends in the environmental, social and governance (ESG) arena, practical suggestions for minimizing litigation risk and developments to watch.

Barnett and Black discuss potential “greenwashing” claims and attempts by certain states to prevent employee retirement funds from using ESG considerations as a metric for investing. The authors also provide an overview of the proposed Securities and Exchange Commission rule titled “The Enhancement and Standardization of Climate-Related Disclosures for Investors.”