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In brief

In 2021 and 2022, as the market continued to focus increasingly on environmental, social, and governance (ESG) issues, government financial regulators across many independent agencies strongly indicated that increased enforcement relating to ESG is on the horizon, while private plaintiffs filed novel securities class actions based on ESG issues.

Given the rapid development of legal ESG issues in the financial services industry, market participants must remain cognizant of the potential legal risks relating to ESG, and take adequate precautions to protect themselves against both government investigations and private civil litigation. This article analyzes the emerging framework of ESG regulation and litigation in order to advise market participants of the upcoming legal risks relating to ESG issues.


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Author

"I work with a lot of lawyers – in my view, none rise to Baker’s level of service, competence and favorable results. Perrie Weiner is the standout partner." – 2022 Legal 500 US "Perrie is an exceptional attorney, problem solver and team leader." – 2021 Chambers USA Perrie M. Weiner is the partner in charge of Baker McKenzie's Los Angeles office and Chair of the Firm's North America Securities Litigation Group. With over 30 years of experience, Perrie's practice focuses primarily on securities class action and shareholder derivative litigation, and SEC enforcement matters. He is acknowledged as the "go-to advocate for hedge funds facing complex suits and CEOs squaring off against the US Securities and Exchange Commission,” (Law 360). His practice also includes "high stakes" complex business litigation. Perrie has been approved by American International Group, Inc. (AIG) and XL Group PLC, as one of the few lawyers in California to represent directors and officers in securities and other complex (class action) litigation matters. He is also recognized as a leading individual in Litigation: Securities in California by Chambers USA (2021 and 2022), and was a key player in growing and leading the Firm's North America Securities Litigation Group, which was ranked a top tier in the 2021 and 2022 US Legal 500. The LA Business Journal named him a Leader of Influence: Litigators & Trial Lawyers since 2019, and a Top 100 Lawyer in 2022, as well as one of the Top 500 most influential people in LA, in 2022, and the Daily Journal recognized him as one of California's Top Mega-Rainmakers. He received the Albert Nelson Marquis Lifetime Achievement Award and the Wiley W. Manuel Award for his pro bono legal work. Perrie also has been repeatedly selected for inclusion in Super Lawyers and LawDragon's Leading Lawyers in America.

Author

Aaron Goodman is a partner in Baker McKenzie's Litigation & Government Enforcement, Global Compliance & Investigations, and Securities Litigation groups. He has broad experience litigating complex local, national and international matters from inception to trial. Aaron is a thought-leader in identifying and achieving strategic client goals, bringing disputes to resolution quickly and efficiently.

Author

Paul Chander is an associate in Baker McKenzie's Los Angeles office and a member of the Firm's Litigation and Government Enforcement group. Paul's practice focuses on complex commercial litigation, with a focus on high-stakes disputes involving both domestic and international clients.

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