ESG Class Action Defense Strategies: Reassessing Traditional Approaches to Standing, Discovery, Pre-Cert Motions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss litigation risks and trends related to Environmental Social Governance (ESG) representations. The program will discuss issues concerning class action topics and expert discovery when litigation is based on alleged discrepancies between what companies have published on social media and in public relations campaigns about their corporate sustainability, corporate and social responsibility, climate change action, or similar topics and their actual practice in those areas.
Outline
- ESG messaging: aspirations vs. reality
- Pre-certification strategies
- Climate change messaging
- Greenwashing
- Social diversity
- Continued attractiveness of bifurcated discovery
- Climate change messaging
- Greenwashing
- Social diversity
- Establishing standing
- Climate change messaging
- Greenwashing
- Social diversity
Benefits
The panel will review these and other key issues:
- Are marketing and growth strategies based on ESG escalating litigation or enforcement risks?
- Do investors have a fiduciary obligation to sue companies if they do not meet their own ESG standards?
- What is the existing framework to evaluate ESG disclosures and what lies ahead?
- What disclosures about ESG do public companies need to make?
Faculty
Meegan Brooks
Attorney
Steptoe & Johnson
Ms. Brooks' entire career has focused on defending and advising retailers, e-commerce companies, hospitality... | Read More
Ms. Brooks' entire career has focused on defending and advising retailers, e-commerce companies, hospitality companies, and consumer product manufacturers in consumer-related matters. As a lead associate in Steptoe’s Retail & E-Commerce Practice, her clients include fashion retailers, online retailers, startups, luxury brands, magazine publishers, big box stores, cosmetics companies, and furniture retailers.
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Elizabeth A. Cassady
Partner
Steptoe & Johnson
Ms. Cassady is a trial-ready commercial litigator. She is experienced representing global companies and financial... | Read More
Ms. Cassady is a trial-ready commercial litigator. She is experienced representing global companies and financial institutions in a full slate of business-critical litigation, including securities, breach of contract, antitrust, patent infringement, and employment discrimination.
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Libretta Stennes
Shareholder
Greenberg Traurig
Ms. Stennes has over 25 years of experience litigating high profile toxic tort, mass tort, and products liability... | Read More
Ms. Stennes has over 25 years of experience litigating high profile toxic tort, mass tort, and products liability matters, including groundbreaking cases shaping trends in class actions and emerging contaminants. Her cases often involve health and safety issues facing global scrutiny, bans, or recalls in highly regulated industries such as chemical manufacturing, pharmaceutical and medical device, agribusiness, and infant products. Ms. Stennes has substantial experience in corporate crisis management for matters involving reputational threats, market exit, supply chain disruption, catastrophic accidents, widespread contamination, and chemical exposure safety.
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