With Governor Abbott signing House Bill 19 into law on June 9, Texas joins more than two dozen US states with a specialized business court system designed to preside over specific high-value business and commercial disputes....more
Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more
6/2/2023
/ Advertising ,
Class Action ,
False Advertising ,
Fashion Industry ,
Greenwashing ,
Marketing ,
Popular ,
Product Labels ,
Sustainability ,
Sustainable Business Practices ,
Unfair or Deceptive Trade Practices
As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more
1/24/2023
/ Advertising ,
Business Strategies ,
Class Action ,
False Advertising ,
Fashion Industry ,
Greenwashing ,
H&M ,
Marketing ,
Putative Class Actions ,
Sustainability ,
Trademarks
On July 28, 2022, a group of environmental nonprofits filed a lawsuit in Washington D.C. Superior Court against a utility alleging that various marketing statements referring to natural gas as “clean,” “carbon...more
9/22/2022
/ Advertising ,
Carbon Emissions ,
Climate Change ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Low Carbon Fuel Standard ,
Renewable Energy ,
Securities and Exchange Commission (SEC) ,
Unfair or Deceptive Trade Practices
Citibank’s balance sheet is likely breathing a sigh of relief. A Second Circuit panel held that the bank may finally recoup nearly $500 million in funds that it inadvertently wired to lenders almost two years ago. US...more
As investors have piled into ESG-friendly mutual funds over the past several years, the SEC has begun ratcheting up scrutiny of the representations made by the advisers of those ESG investment funds. This week, the SEC...more
5/26/2022
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investment Funds ,
Mutual Funds ,
Securities and Exchange Commission (SEC) ,
UK
As companies continue to focus on improving their ESG credentials, they are constantly assessing their environmental management systems and compliance programs for potential areas of ESG-related risk. The reason is...more
As climate change jurisprudence continues to evolve, an offshoot of “greenwashing” claims has generated a series of headline-grabbing lawsuits. The definitions vary but most references to greenwashing include claims...more
10/18/2021
/ Biden Administration ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Misleading Statements ,
Misrepresentation ,
Popular ,
Publicly-Traded Companies ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Sustainable Business Practices
Growing environmental awareness by consumers and governments has led to the proliferation of carbon and environmental attribute markets. Businesses in virtually every industry now participate in government mandated markets,...more
6/24/2021
/ Advertising ,
Carbon Off-Set Credits ,
Contract Disputes ,
Counterparties ,
Energy Market ,
Energy Projects ,
Environmental Protection Agency (EPA) ,
False Advertising ,
Fraud ,
Low Carbon Fuel Standard ,
Net Zero ,
Renewable Energy ,
Renewable Fuel Standard
On June 26, 2019, the US Supreme Court handed down a long-awaited decision in Kisor v. Wilkie, a case that challenged Auer deference, a long-standing doctrine of administrative agency law that requires courts interpreting...more
Earlier this month, The Sedona Conference released a comprehensive report, five years in the making, that attempts to synthesize the best practices for companies, data protection agencies, and investigatory agencies in...more
On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty (appellate decision linked here)....more