Our Tuesday webcast, “ESG Litigation Landscape 2025,” featured an engaging and informative discussion on the current and future state of ESG litigation. I would like to thank Jacob Hupart of Mintz, Rob Skinner of Ropes & Gray, and Ameena Majid of Seyfarth for joining us and sharing their perspectives. The discussion covered a lot of ground and our panelists provided great insights. Here is a brief summary of some key issues covered by the panel:
- Litigation against carbon majors is ongoing, with no clear victories for plaintiffs’ state law tort claims
- Antitrust enforcement in Texas is testing novel theories that have been allowed to proceed into discovery
- Greenwashing remains a key litigation risk, and greenhushing is becoming more prevalent
- Companies must continue to manage material ESG risks and opportunities, as it is key to upholding their fiduciary duties
- The semantics of ESG vs. Sustainability are not really important; it’s about what your program is doing and how you are disclosing that counts
Of course, I can’t fit an hour’s worth of nuanced conversation into five bullet points, so you’ll have to listen to the webcast playback to get the whole story. Our members can access that playback here.
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