From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As corporations take action and report on their ESG challenges and achievements, they will be well served to take steps to mitigate the risks of both regulatory enforcement and private litigation.  To mitigate the risks associated with ESG claims, companies might consider how their policies and procedures address the adequacy of disclosures to shareholders on ESG topics, substantiation of ESG claims with appropriate documentation, and the bounds of aspirational and similar ESG statements.

Read more in this Perkins Coie Update: ESG Claims in an Era of Heightened Regulatory and Litigation Risks.