2021 ESG Litigation Offers Pointers For The Year Ahead

By Renee Zaytsev, Riccardo DeBari and Edward Babbitt (January 3, 2022, 12:03 PM EST) -- Corporate stakeholders' interest in environmental, social and governance matters continued to surge in 2021, with economic, public health and social justice crises intensifying scrutiny of companies' public statements and actions.

Unsurprisingly, increased scrutiny led to increased litigation, with several high-profile ESG cases filed in the past year, and a number of earlier-filed cases yielding judicial decisions that offer critical insight into how courts are beginning to address novel ESG claims, and where ESG litigation may be headed in 2022.

Guidance from the U.S. Supreme Court on how courts should consider the generic quality of alleged misstatements, and increased enforcement action by...

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