Avoiding Greenwashing Liability: Sustainability and ESG Under Scrutiny
Recording of a 90-minute CLE video webinar with Q&A
Greenwashing litigation surged in the early 2020s with activists, consumers, and shareholders trying to hold companies accountable for their sustainability claims in advertising as well as in non-traditional marketing materials like corporate ESG reports, often through class actions.
Outline
- Greenwashing overview
- History, shareholder and consumer demand
- Regulatory updates
- Federal and state enforcement
- EU, UK, and international
- Litigation
- Updates and trends
- Defense takeaways
- Best practices for making ESG claims and minimizing risk
- Internal practices: audits, disclosures, carbon offset
- Advising boards, engaging shareholders
- Conclusion with Q&A
Benefits
The panel will review these and other critical issues:
- Understand current regulatory insights at the federal, state, and international levels
- Enhance litigation risk awareness
- Gain practical defense strategies and proactive compliance approaches
- Learn actionable best practices for ESG disclosures, board and governance advisory tools, and more
Faculty
Tom Boer
Partner
Hogan Lovells
With a combined decade of experience working as a trial lawyer at the U.S. Department of Justice (DOJ) Environmental... | Read More
With a combined decade of experience working as a trial lawyer at the U.S. Department of Justice (DOJ) Environmental Enforcement Section and in the Environmental Protection Agency's (EPA) Office of General Counsel, Mr. Boer uses his government experience to effectively counsel clients as they navigate complex environmental enforcement actions and compliance issues. He represents companies, municipal utilities, and individuals in federal and state environmental litigation in defense of environmental enforcement actions and citizen suits, in response to catastrophic environmental emergencies and chemical releases, and in connection with site cleanup and cost recovery. He has advised clients on the vast array of environmental statutes in the U.S.
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Juge Gregg
Partner
Crowell & Moring
Mr. Gregg advises domestic and multinational clients across industries on their full range of ESG programs... | Read More
Mr. Gregg advises domestic and multinational clients across industries on their full range of ESG programs and compliance, including corporate climate and net-zero commitments, multinational reporting frameworks, carbon offsets, Greentech transactions, social responsibility, greenwashing, investigations, and litigation. He has significant experience supporting ESG initiatives, including most notably at a top-5 Fortune Global 500 company, where he served as Senior Corporate Counsel and the first attorney on the company’s Sustainability Legal team, which has twice been recognized by the Financial Times as one of the most innovative in-house legal teams in North America. In that role, Mr. Gregg provided legal partnership to business teams across multiple industry sectors on their highest profile sustainability initiatives, including the development of the company’s carbon offset strategy and purchasing program, circular economy initiatives, transportation decarbonization, sustainable shopping programs, product and supply chain sustainability, human rights policies and due diligence, and green claims. In addition to his ESG practice, Mr. Gregg also provides counseling and handles litigation matters across the spectrum of environmental matters, including in matters involving the Clean Water Act, Clean Air Act, National Environmental Policy Act (NEPA) and project development, international environmental law, Superfund/CERCLA, Endangered Species Act, Infrastructure Investment and Jobs Act, Inflation Reduction Act, and Native American law.
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