ESG Means Ever. Shifting. Guidelines.

Recently, several courts have weighed in on important cases related to environmental, social and governance issues, often with inconsistent outcomes. These decisions have exacerbated an already complex landscape that includes conflicting political priorities, new laws and changing regulatory guidance.

Taken together, the only true certainty for companies trying to navigate ESG issues is increasing unpredictability. These challenges will continue for some time and lead one to ask whether, perhaps, the real meaning of ESG in the U.S. is "ever-shifting guidelines."

Despite — or because of — the uncertainties associated with ESG in today's political climate and courts, we expect that companies will increasingly need to fend off ESG-related claims in the coming years.

In a new Law360 article, we highlight some of the competing and contradictory outcomes in recent ESG litigation and offer practical takeaways for minimizing risk. See here to read the full article and feel free to contact us or any of your Paul Hastings contacts for further details.