Growing Number of Non-U.S. Companies Facing Class Actions: How ESG Issues Can Be The Driving Factor in Multi-Country Cases

Growing Number of Non-U.S. Companies Facing Class Actions:

How ESG Issues Can Be The Driving Factor in Multi-Country Cases

SEPTEMBER 23, 2021

KEY TAKEAWAYS

  • Climate change and other ESG factors are driving a heightened focus on stewardship practices among responsible investors.
  • Investors, both passive and active, should be mindful of litigation risks and recovery opportunities in their portfolio.
  • Originally driven by climate issues, ESG-related litigation is expanding into other ESG areas and across a range of asset classes.
  • ESG event-driven security class actions are increasing in number, and capturing a broad range of global brands on a number of different topics.
  • Global corporations tend to handle class actions differently in different jurisdictions, with many being settled in the US but drawn out in other markets.
  • This practice has implications for global investors interested in expanding their stewardship and fiduciary practices to include active management of securities class action risk.

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