In the current recession, with increasing bankruptcies across Europe, conflicts of interest within companies regarding strategy and sustainable long-term value creation will increase. The Dutch Buy-out...

In 2021 there was a significant increase of judgments in relation to disputes regarding Dutch M&A transactions. In the chronicle on Dutch M&A Disputes our corporate litigation specialists Bart-Adriaan...

ESG and climate change litigation: external pressure on companies CMS’s Climate Change Risk Report confirmed the impact on corporations from external public interest groups that are focused on climate change. As this article shows, a key driver of Climate Risk for corporations revolves around information. Companies are producing reports that are deluging investors with information on how they are measuring and managing their impact on and from climate change. Climate change is one of the environmental factors provided for in the letter “E” of the ESG principles: Environmental, Social and Governance. Climate change litigation is a direct and growing risk to corporations that fall under the spotlight of a variety of potential claims against an increasing number of potential claimants. It is prudent to actively manage this risk through dispute avoidance strategies, having plans in place to deal quickly and effectively with the situation where a claim is brought, and understanding the key features that are  typically at  play in such litigation. Climate change litigation is ascending the corporate-risk register. NGOs and individuals are increasingly using the courts to try to achieve their objectives, including enforcing corporate and governmental adherence to environmental regulations, sustainability targets and broader ESG principles. Litigation can also encourage behavioural change by raising public awareness for climate change, environmental harms and other human rights infringements. Spurred on by landmark judgments in the Netherlands, Germany, Norway, Italy, France, Ireland and the UK, climate change claims have now been filed in over 40 countries. The COVID-19  crisis  has  already accelerated  a  focus on sustainability and social responsibility. In addition, existing social dynamics result in more public pressure on climate-change prevention. If the transition process will not go fast enough, private enforcement through litigation in court might act as a ‘big stick’, motivating corporations to get on the right track. In addition to pressure from external parties, potential investors and shareholders are also increasing their internal focus on climate change and ESG.