
Roundtable on ESG Litigation and Regulatory Enforcement Action
London / 20 June 2023
BRIEF
ESG (Environmental, Social, and Governance) litigation is becoming more prevalent as companies' ESG programs become more integrated into their core business strategies. In recent years, investors have shown a growing interest in companies' ESG performance, and they're increasingly demanding that companies implement ESG programs to mitigate risks and create long-term shareholder value. However, with the rise of ESG programs, there are also increasing legal risks. These risks can arise from potential violations of environmental regulations, failure to meet diversity and inclusion targets, data privacy breaches, and more.
Given the growing importance of ESG programs, it's becoming increasingly critical for companies to understand the legal risks associated with them. The consequences of ESG litigation can be severe, ranging from reputational damage to financial penalties, and in some cases, even criminal liability. Therefore, companies need to be aware of the potential legal risks and take proactive steps to mitigate them. This requires companies to have a clear understanding of the legal frameworks governing ESG programs and to ensure that their ESG programs are compliant with applicable laws and regulations. Furthermore, companies need to be transparent about their ESG performance and disclose accurate and timely information to investors and other stakeholders. Increased discussion on ESG litigation can help companies to better understand the risks and to take proactive measures to mitigate them.
AGENDA
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Rise of shareholder activism and ESG-related disputes
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Conducting effective ESG due diligence to avoid future risks
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Suitability of arbitration for settling ESG disputes
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The rising tide of regulatory enforcement against greenwashing
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ESG breaches and personal liability of directors
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Uncovering hidden risks in your supply chains
Participants

Amanda Raad
Partner
Ropes & Gray

Angela Evans
Senior Associate
Mannheimer Swartling

Arne Fuchs
Partner
Ashurst

Barry Vitou
Partner
HFW

Clare Connellan
Partner
White & Case

Emily Laura Crawford
Senior Advisor - Human Rights and Social Impact, Maersk

Ewa Chappell
General Counsel
Suntory Beverages

Frances Gourdie
Managing Associate
Simmons & Simmons

Freddie Kleiner
Senior Associate
Wallbrook

Geoffrey Deasy
Head - Ethics & Compliance (EMEA)
Sumitomo Electric Finance

James Thorne
Associate General Counsel - ESG
Associated British Foods

Jen Yang
Head - Legal, Sustainability Governance, BAT

Jonathan Chibafa
Director (Barrister)
Squire Patton Boggs

Katherine Scott
Managing Director
Macquarie Group

Judith Seddon
Partner
Dechert

Julianne Hughes-Jennett
Partner
Quinn Emanuel

Krishnendu Mukherjee
Barrister
Doughty Street Chambers

Laura Rich
General Counsel
Marimaca Copper

Jonathan Friedman
Partner
Wallbrook

Martina Melchiori
Senior Associate
Wallbrook

Libby Reynolds
Legal Counsel - ESG
Associated British Foods

Katherine Tyler
Legal Director (Barrister)
Kingsley Napley

Michiel Coenraads
Partner
DLA Piper

Peter Hood
Counsel
King & Spalding

Prashant Mara
Managing Partner
BTG Legal

Matthew Banham
Partner
Dechert
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Pratik Bakshi
Co-Founder, World Law Forum & Counsel (ESG), BTG Legal

Rae Lindsay
Partner
Clifford Chance
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Rebecca Perlman
Partner
Herbert Smith Freehills

Robert McCorquodale
Member, UN Working Group on Business and Human Rights

Sarah Ellington
Partner
Watson Farley & Williams

Stephane Brabant
Senior Partner
Trinity International

Stuart Neely
Partner
Norton Rose Fulbright

Susy Bullock
Partner
Gibson Dunn

Suzanne Spears
Founder & Principal
PAXUS LLP

Jack Naylor
Chief Investment Officer
Aristata Capital

Eckart von Malsen
Vice President - European Affairs
Korian

Jessica Pineda
Senior Associate
Pogust Goodhead

Katy Norman
General Counsel,
West Burton Energy

Geoffrey Deasy
Head of Ethics and Compliance - EMEA, Sumitomo Electric Finance

