Publication | ICLG

Emerging Areas of Group and Class Actions Related to ESG Disclosures

David Abshier, Neal Brody, Robin Cantor, and Dubravka Tosic

November 10, 2022

The last few years have seen increased attention being paid to environmental, social, and governance (ESG) issues from investors, consumers, and regulators. At the same time, competition and market-based activities have led to an increased desire for ESG disclosure by public companies and financial institutions, often on a voluntary basis. ESG disclosures come with the potential for conflict between stakeholders’ objectives for company performance and consumers’ expectations regarding the products and services they buy. As a result, group and class action litigation is emerging in several areas, as ESG outcomes fail to meet the promises purportedly indicated by ESG disclosures. This chapter considers three areas of such conflict and how economic analysis contributes to addressing questions relevant to class action treatment.

Read the full chapter.

This article was first published in ICLG Class and Group Actions Laws and Regulations 2023.

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David Abshier

Managing Director

Los Angeles, Downtown

Neal Brody

Managing Director

Los Angeles, Century City

Robin Cantor

Managing Director

Washington, DC

Dubravka Tosic


New Jersey