ESG: Disputes and Investigations
Our ESG disputes and investigations team navigates the complex landscape of regulatory pressure, compliance issues, and stakeholder scrutiny, offering expert advice to mitigate risks and protect your business from financial and reputational damage.
Overview
Businesses are under increasing legal and regulatory pressure to demonstrate their ESG credentials and explain how they are mitigating the adverse impact caused by their activities and those operating in their supply chains. Increasing regulation, compulsory ESG disclosures, and ever greater scrutiny by various stakeholders comes with a heightened risk of disputes and regulatory investigations, and consequential financial and reputational damage.
Our dispute resolution team has a breadth of experience handling complex disputes and regulatory investigations and is well-placed to advise on these risks and potential liabilities. We advise on a broad spectrum of ESG-related disputes, investigations, and compliance issues including;- Value chain or supply chain litigation and compliance issues
- Regulatory (including 'dual-track' civil/criminal) investigations by the CMA, FCA, FRC and other regulators
- Handling enforcement action by the Environment Agency, including representing senior officers during interviews
- Responding to ASA and OECD complaints and advising on compliance with advertising and consumer protection regulations
- Internal ESG-focused investigations, reputation management, and self-reporting
- ESG claims by stakeholders, including investors, activists, and consumers
- Mis-selling investments and “greenwashing” claims
- Contractual disputes arising from ESG-related projects or breach of ESG clauses
- Judicial review
Featured experience
- Litigation relating to the proposal to build a third runway at Heathrow Airport and its associated environmental impact
- Advising a well-known international company on a potential judicial review of proposed environmental-related regulations
- Acting for corporates subject to enforcement action by the Environment Agency/Defra for a variety of allegations, including the pollution of public water systems, breach of rural development regulations, the illegal overseas shipment of contaminated waste, and investigations and offences under the Wildlife and Countryside Act 2007
- Providing advice to multiple clients on consumer regulation and advertising codes, including Consumer Protection from Unfair Trading Regulations 2008, Business Protection from Misleading Marketing Regulations 2008, and CAP Code and compliance with the CMA’s Green Claims Code
- Representing clients subject to investigations by the FCA, PRA, and FRC including with respect to alleged breaches of the Financial Promotion Rules and breaches of the FCA Handbook and PRA Rulebook
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ESG: Disputes and Investigations key contacts
Our expertise
Commercial
Our expertise in ESG Commercial matters ensures your business is equipped to navigate the complex landscape of climate change and environmental regulations.
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Employment
Our Employment lawyers advise on diversity, equity, inclusion strategies, wellbeing, flexible working, mental health, whistleblowing policies, and gender pay gap reporting for a comprehensive inclusive workplace culture. In Employment law, the primary ESG focus is on social and governance aspects, with environmental concerns also gaining importance.
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Our expert team advises on environmental, social, and governance issues for health and social care clients, from estates considerations to tackling health inequalities and supporting on the governance of sensitive personal health data.
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Our experts provide strategic support for ESG-related issues, including environmental incidents, renewables, social issues, and regulatory compliance. We offer comprehensive advice on policy wording, coverage, diversity, and AI. "Informed Insurance" contains insights on ESG topics and climate change litigation. Understanding ESG issues is crucial for the insurance industry.
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Our real estate-focused ESG services help you create sustainable environments, drive value, and embrace investment opportunities, supported by expert advice on a wide range of green and environmental issues.
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