ESG litigation is on the rise. Stakeholder groups are using litigation – and the threat thereof – to impact an organisation’s ESG strategy and communications.
There have been a number of successes, notably related to the subject of climate change (e.g. the case against Royal Dutch Shell in first instance). At the same time, investors, regulators and society are closely scrutinising organisations’ sustainability policy and targets, and are monitoring the action they undertake – or fail to undertake – to achieve these targets.