Making Sense of Evolving Regulations, Recent Enforcement Efforts and Antitrust Claims as to ESG Investing in the U.S. and E.U. (Part One of Two)

Investor demand for products that consider environmental, social and governance (ESG) factors, including privacy and cybersecurity, remains high and shows no sign of abating. Regulations, enforcement and private litigation are shaping global operation, marketing and compliance efforts of ESG funds. Those shifting ESG dynamics were addressed in a recent webinar hosted by Finpublica, featuring expertise from Moses Singer, August Way Law & Consulting, Morgan Lewis, Wilson Sonsini and Shepard Mullin. This first article in a two-part series examines the national ESG regulatory efforts in the U.S. and Europe, specific ESG enforcement matters in the U.S., select European countries and Australia, and how European investors are pursuing private litigation to shape ESG efforts in the region. The second article will evaluate the anti-ESG movement among U.S. states that is occurring via regulatory measures and state attorneys general letters, detail the contrasting approaches to ESG antitrust concerns in the U.S. and E.U., and suggest risk mitigation techniques. See “GM CCO Talks Data, Culture, ESG and Scope Creep” (Oct. 19, 2022).

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