Allegations of greenwashing are all over the news. In many ways, this development was arguably inevitable. Many of the ESG and sustainability disclosures born over the past decade grew up in organizations’ marketing, public relations, and investor relations departments.

However, we are now light-years from the days when a little corporate social responsibility or sustainability disclosure puffery was harmless. As ESG-related regulations continue to proliferate, and as investors’ and the public's expectations continue to expand with respect to the scope of corporate responsibility, the legal arguments that can be made concerning the potential liabilities associated with ESG disclosures have also expanded.

Originally published by Bloomberg Law - September 2022.