Regulatory and Litigation Updates on Greenwashing and ESG Claims

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The Environmental, Social and Governance (“ESG”) and sustainability movements have placed increased attention on corporate environmental benefit claims and disclosure statements. In response, new regulation and litigation have emerged pertaining to "greenwashing"—a marketing practice that involves unsubstantiated or exaggerated benefit claims about a product or service and their associated environmental and climate change impacts. Greenwashing can also occur in corporate disclosure statements, influencing financial analyses and investor strategy. 

This panel will address each of these pressing issues, including recent developments in case law, pertinent regulations, and suggested mitigation strategies, from the perspective of both inside and outside legal counsel.

 

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