ESG Litigation & Enforcement
Business engagement in environmental sustainability and social responsibility has come into sharp focus since the Paris Agreement in 2015 (now commonly referred to as “environmental, social, and governance”, or “ESG”, for short).
While ESG as a concept has existed for almost a decade, the prominence and development of “ESG civil litigation” and “ESG criminal enforcement” — both of which seek to hold corporate actors and directors to account for failures in the ESG sphere — is more recent.
ESG litigation and criminal enforcement is emerging in various ways, including “greenwashing” allegations, minority shareholder claims, liability for human rights and environmental harm, as well as traditional environmental claims and ESG-linked frauds (investor, supply chain or carbon credit frauds, misleading financial statements, pyramid schemes, etc).
Criminal enforcement and regulatory action in the ESG context can take various forms; the expertise of our Business Crime team enables us to deal with the broad spectrum of issues that arise in these cases, from whistleblower reports, to criminal and regulatory investigation, all the way through to any proceedings that ensue. Our vast experience advising on sensitive, high-stakes investigations, criminal, regulatory and civil litigation and compliance and reputational risk means that we give practical and effective support to clients in this fast-changing area.
Companies with international operations face complex ESG-related challenges and potential exposure across multiple jurisdictions. We advise on compliance programmes, carry out due diligence, deliver strategic advice and training, conduct internal investigations and defend active external disputes and investigations.
Our team has experience with multi-jurisdictional regulations and frameworks in the ESG sphere. We can assist with:
- Crisis management.
- Internal investigations into issues of greenwashing, supply chains and modern slavery.
- Defending companies and individuals in connection with ESG related prosecutions and regulatory action (by the Competition and Markets Authority, Financial Conduct Authority, National Crime Agency, Environment Agency and other bodies).
- Acting for claimants and defendants in ESG civil litigation.
- Compliance with supply chain transparency and reporting requirements.
- Slavery and supply chain policies, procedures and codes of conduct.
- Human rights and supply chain benchmarking, risk assessment and due diligence.
- Bespoke training for companies and boards.
- Advising on money laundering related issues, including applications to vary or discharge restraint orders and account freezing orders.
- Post-conviction confiscation orders.
ESG Enforcement Tracker
Advised a waste management business in relation to its obligations under POCA.
Advising a waste management business in relation to a criminal investigation into suspected evasion of landfill tax and environmental offences.
Advised an overseas high net worth family in relation to a criminal investigation into allegations of modern slavery.
Advised a number of multinationals on the application of the modern slavery act in its international business operations.
