In recent posts on this site (for example, here), I have discussed the developing ESG-related litigation phenomenon in which claimants file suits not against ESG laggards bur rather against companies that have taken the initiative on ESG-related matters. However, the existence of this trend, while noteworthy, does not negate the possibilities for litigation involving the ESG laggards, as well. There are in fact noteworthy instances of this latter type of litigation, much of it in Europe, as is well-detailed in a December 2022 white paper from the Jones Day law firm entitled “ESG – Climate Change and Related Litigation Takes Center State in Europe” (here). The white paper not only catalogs recent European ESG-related litigation but also identifies regulatory developments and other trends that could contribute to further litigation in the future.
Continue Reading Lessons from Climate Change-Related Litigation in Europe

The importance of ESG issues for companies and their executives is nothing new, but in recent days ESG issues seem to have taken center stage. The surprising success of activist investor Engine No. 1 in electing climate change-focused candidates to the board of ExxonMobil and the order by the Dutch court requiring Royal Dutch Shell to reduce carbon dioxide emissions by 50% of 2019 levels by 2030 are just two of the recent examples of the ways in which ESG issues increasingly have come to predominate corporate agendas. As discussed below, challenges related to ESG issues seem likely to continue. Among other things, these developments present new risks for potential D&O liability exposures as well.
Continue Reading The Predominance of ESG-Related Issues and the Implications for Corporate Boards