Increased Greenwashing Litigation and ESG Claims Backlash: Regulatory Update, Recent Class Actions, Mitigating Risk
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the status of federal and state greenwashing regulations, including an update on FTC and SEC regulation and enforcement as well as private litigation activity. The panelists will describe recent noteworthy greenwashing class actions along with considerations for defending these claims. The panel will also provide best practices for counsel in advising their clients on how to minimize risk when making sustainability claims in their ESG reporting and marketing materials.
- Greenwashing overview
- Stakeholder demand for ESG performance and resulting corporate claims
- Status of federal and state regulation
- Green Guides update
- FTC enforcement action
- Proposed climate disclosure rules
- SEC enforcement action
- Notable state regulation and enforcement activity
- Class action litigation
- Berrin v. Delta Airlines Inc.
- Other noteworthy recent caselaw
- Defense takeaways
- Best practices for making ESG claims and minimizing risk
The panel will review these and other important considerations:
- What is greenwashing and what types of marketing claims increase the risk of being targeted for enforcement activity or lawsuits?
- How have federal and state governments stepped up their greenwashing enforcement activity?
- What can counsel learn from recent class actions?
- What considerations should counsel and their clients be aware of when making ESG claims in marketing and voluntary and mandatory reporting?
- When can counsel and their clients expect the FTC's final Green Guides revisions and the SEC's final climate-related disclosure rules?
Christopher A. Cole
Partner and Chair, Advertising, Marketing, and Promotions
Katten Muchin Rosenman
Mr. Cole is a nationally recognized litigator who offers strategic counsel to some of the world’s leading... | Read More
Mr. Cole is a nationally recognized litigator who offers strategic counsel to some of the world’s leading companies on protecting their technology and brands from attack by competitors, regulators and private consumer class action claimants. With a practice that covers a wide range of industries and sectors, Mr. Cole brings a practical, creative and individualized approach in advising clients on how to navigate advertising, unfair competition, brand disparagement, reputation and intellectual property matters. He is well-known for helping companies understand their obligations regarding advertising of ESG-related claims, including claims about carbon offset, waste reduction and recycling, and social issues.Close
Holland & Knight
Mr. Kriha advises clients on a wide variety of energy and decarbonization matters. He helps clients navigate the... | Read More
Mr. Kriha advises clients on a wide variety of energy and decarbonization matters. He helps clients navigate the quickly changing decarbonization landscape by utilizing his legal and engineering experience to develop comprehensive strategies to reduce greenhouse gas emissions that leverage government support and comply with climate regulations. He advises clients on issues related to compliance carbon markets, including the Renewable Fuel Standard, state low carbon fuel standards, and state and regional cap-and-trade programs. Mr. Kriha also advises clients on participation in voluntary greenhouse gas offset markets, including by helping clients generate or purchase high-quality offsets that represent actual emissions reductions. He advises clients on matters related to new and emerging voluntary low-carbon products such as responsibly sourced gas. He aids clients in achieving net-zero emissions and carbon-neutrality goals by identifying and helping utilize applicable government programs and incentives as well as by developing strategies to minimize uncertainty and mitigate greenwashing risks. Mr. Kriha is a founding member of the firm’s Greenwashing Mitigation Team.Close
Counsel, Co-Head ESG Taskforce
Vinson & Elkins
Mr. Solorzano’s practice focuses on advising public and private companies and their boards of directors and... | Read More
Mr. Solorzano’s practice focuses on advising public and private companies and their boards of directors and executive teams on matters and opportunities related to ESG, corporate governance, sustainability considerations, shareholder activism, risk management, securities law, and M&A. As Senior Director, Legal and Corporate Development for The Clorox Company from 2015 through 2022, he helped build and manage a comprehensive ESG program and helped lead the company’s ESG strategy, stakeholder engagement and ESG reporting. He also helped establish and execute strategies around climate change, plastics and waste, supply chain transparency and diversity and inclusion. Mr. Solorzano advises clients, including public companies, on securities disclosure, corporate governance and compliance matters. He plays a strategic role in advising clients on a broad range of ESG issues and related risks, including the development of sustainability reporting, corporate ESG programs and governance oversight, and the establishment of greenhouse gas emissions reductions targets, plastics and waste goals, product safety and stewardship principles, and diversity and inclusion priorities.Close