ESG Litigation
Overview
Organizations are increasingly focused on litigation, as they comply with new regulatory obligations, go public with ESG commitments and report on progress.
Our powerhouse legal team designs, oversees and implements winning litigation strategies around the world.
We have a track record of success that spans a range of issues – from greenwashing claims to securities litigation and class actions to duty of care suits. As a result, clients trust us to limit disruption and protect reputation on high stakes matters. No case is too complex.
Capabilities in focus
- Greenwashing and green claims risk advisory and litigation
- Corporate Duty of Care (including related to the French Corporate Duty of Care 2017 Law and the EU Directive on Corporate Sustainability Due Diligence (CSDDD)
- Shareholder and public misstatements and omissions
- Securities litigation (including those related to corporate ESG practices)
- ESG class actions
Related Practice Areas
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Securities & Corporate Governance
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Class Actions
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Mass Torts & Product Liability
Experience
One of the UK’s largest asset managers
Acting for one of the UK’s largest asset managers in the Glencore Litigation. The claims are based on s90 and s90A of Financial Services and Markets Act (FSMA) and concern untrue or misleading statements and omissions contained in Glencore's published information due to the non-disclosure of global bribery and corruption practices as part of their governance practices.
The claims are being case managed together in the Commercial Court and potential collective liability stands in billions of pounds. This litigation will form an important test case for shareholders of English listed companies seeking to: (a) make financial recoveries for ESG-related failures; and (b) encourage improved ESG practices, including by virtue of directors' potential personal liability under FSMA.
Thames Water
Acting for Thames Water in an investigation by the Water Services Regulation Authority – Ofwat – in relation to suspected breaches of license conditions and/or statutory duties pertaining to the treatment of wastewater.
We are providing advice and strategic insight in relation to Thames Water’s response to Ofwat’s formal information requests under section 203 of the Water Industry Act 1991, and Thames Water's strategy as Ofwat moves towards the conclusion of the investigation.
We have also been instructed by Thames Water to defend a related opt-out class action before the Competition Appeal Tribunal. The claim has been brought by Professor Carolyn Roberts, an environment and water specialist, and is the first environmental antitrust class action in the UK with a novel cause of action. This makes it one of the most high-profile environmental claims ever brought in the UK, and it will have important implications for the liability of water companies (and regulated firms more generally) arising from environmental matters. The class action concerns alleged overcharges to consumers through the client’s water bills, as a result of Thames Water allegedly misreporting sewage spills data to its regulators.
Agence de Simplification des Normes sur le Devoir de Vigilance
Assisting Agence de Simplification des Normes sur le Devoir de Vigilance, a rating agency on corporate duty of care. We drafted a questionnaire to be submitted by the client to parent companies, subsidiaries, suppliers and subcontractors in accordance with the French corporate duty of care law and the EU CSDDD.
An international coffee and tea company
Defending a false advertising putative class action filed against an international coffee and tea company against greenwashing claims based on sustainability statements they have made about their products. The case is pending in the Superior Court of California, and we have obtained a stay of discovery pending the outcome of our initial dispositive motion.
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