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  3. |“Mitigating Greenwashing and Other Litigation Risks: What the Latest Cases Reveal on Carbon Offsets, Sustainability, ESG Fraud, and More”

“Mitigating Greenwashing and Other Litigation Risks: What the Latest Cases Reveal on Carbon Offsets, Sustainability, ESG Fraud, and More”

Event | 10.17.24, 11:15 AM MDT - 12:00 PM MDT

Address

Tru by Hilton Denver Downtown Convention Center
801 15th Street,
Denver, Colorado, 80202

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As the focus on corporate sustainability intensifies, so does scrutiny around greenwashing, leading to a surge in litigation related to carbon offsets and greenwashing claims, and various kinds of ESG frauds. Companies must be prepared for the latest trends in greenwashing litigation to mitigate associated risks effectively. Key discussion points for this panel discussion include:

  • Staying ahead of emerging legal and regulatory developments related to greenwashing claims: New and anticipated cases that will inform risk management strategies
  • Navigating key emerging trends in the ESG fraud landscape
  • Lessons for rolling out robust due diligence processes to vet carbon offset projects and ensure their legitimacy and effectiveness
  • Enhancing transparency and accuracy in sustainability disclosures to mitigate the risk of allegations of greenwashing
  • Developing proactive communication strategies to address greenwashing allegations promptly and transparently, safeguarding corporate reputation and stakeholder trust

For more information, please visit these areas: Environmental, Social, and Governance, Environment and Natural Resources, Energy

Participants

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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