ESG investing involves the analysis of environmental, social, and governance (ESG) factors when making investment decisions. Such investment has gained increasing attention from fund managers in recent years, leading to rapid growth in ESG-focused mutual funds and exchange-traded funds. That, in turn, has led businesses across a range of industries to promote and try to capitalize on their ESG credentials.
But ESG is more than just words, and such promotion has led to heightened scrutiny from a legal and regulatory standpoint. That includes governmental enforcement measures and civil litigation targeting false claims and other improper activities related to ESG, as well as the adoption of stronger public company disclosure requirements for ESG-related risks.
Governmental enforcement actions related to ESG are generally based on allegations of false or misleading claims, including claims by financial firms regarding their ESG investment principles, as well as representations by businesses about the environmental safety of their products. An important development in this...
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