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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Thursday, July 24, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

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$247.00
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Discount expires 7/7/25

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Greenwashing litigation surged in the early 2020s with activists, consumers, and shareholders trying to hold companies accountable for their sustainability claims in advertising as well as in non-traditional marketing materials like corporate ESG reports, often through class actions. 

Faculty

Tom Boer
Partner
Hogan Lovells

With a combined decade of experience working as a trial lawyer at the U.S. Department of Justice (DOJ) Environmental Enforcement Section and in the Environmental Protection Agency's (EPA) Office of General Counsel, Mr. Boer uses his government experience to effectively counsel clients as they navigate complex environmental enforcement actions and compliance issues. He represents companies, municipal utilities, and individuals in federal and state environmental litigation in defense of environmental enforcement actions and citizen suits, in response to catastrophic environmental emergencies and chemical releases, and in connection with site cleanup and cost recovery. He has advised clients on the vast array of environmental statutes in the U.S.

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Juge Gregg
Partner
Crowell & Moring

Mr. Gregg advises domestic and multinational clients across industries on their full range of ESG programs and compliance, including corporate climate and net-zero commitments, multinational reporting frameworks, carbon offsets, Greentech transactions, social responsibility, greenwashing, investigations, and litigation. He has significant experience supporting ESG initiatives, including most notably at a top-5 Fortune Global 500 company, where he served as Senior Corporate Counsel and the first attorney on the company’s Sustainability Legal team, which has twice been recognized by the Financial Times as one of the most innovative in-house legal teams in North America. In that role, Mr. Gregg provided legal partnership to business teams across multiple industry sectors on their highest profile sustainability initiatives, including the development of the company’s carbon offset strategy and purchasing program, circular economy initiatives, transportation decarbonization, sustainable shopping programs, product and supply chain sustainability, human rights policies and due diligence, and green claims. In addition to his ESG practice, Mr. Gregg also provides counseling and handles litigation matters across the spectrum of environmental matters, including in matters involving the Clean Water Act, Clean Air Act, National Environmental Policy Act (NEPA) and project development, international environmental law, Superfund/CERCLA, Endangered Species Act, Infrastructure Investment and Jobs Act, Inflation Reduction Act, and Native American law.

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Description

These ESG claims were purported to be overstated, misleading, or false and unsubstantiated. While these early cases focused on false advertising and consumer protection law violations, recent cases have focused more on misleading ESG funds and investment products, net-zero targets, and carbon-neutral claims, sometimes coordinating claims across jurisdictions including the EU, UK, Australia, and the U.S. 

International, federal, and state regulators continue to target greenwashing by providing clearer rules, regulations, and definitions, powering litigation.  In the U.S., the FTC and SEC continue to work on the Green Guides and The Enhancement and Standardization of Climate-Related Disclosures for Investors respectively, while the EU continues to work on its Green Claims Directive and Corporate Sustainability Reporting Directive (CSRD).  Similarly, The UK's Financial Conduct Authority finalized the Sustainability Disclosure Requirements (SDR) and the FCA Anti-Greenwashing Rule related to investment firm and product claims.   

Listen as our expert panel discusses the status of international, federal, and state greenwashing regulation and enforcement, addresses noteworthy greenwashing litigation, and outlines considerations for defending these claims. The panel will also provide best practices for minimizing risk by conducting audits, governing internal disclosures, advising boards, and proactively engaging shareholders.   

Outline

I. Greenwashing overview

A. History, shareholder and consumer demand 

II. Regulatory updates and litigation

A. U.S. federal: FTC, SEC

B. U.S. state: Attorneys General from California, New York

C. EU, UK, Australia: EU Commission, FCA, ASIC

III. Litigation trends

A. Defense takeaways

IV. Best practices for making ESG claims and minimizing risk

A. Internal practices: audits, governing disclosures, overseeing carbon offset

B Advising boards, engaging proactively with shareholders


Benefits

The panel will review these and other critical issues:

  • Understand current regulatory insights at the federal, state, and international levels
  • Enhance litigation risk awareness
  • Gain practical defense strategies and proactive compliance approaches
  • Learn actionable best practices for ESG disclosures, board and governance advisory tools, and more