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United States: Navigating the new rise of greenwashing litigation

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In brief

It comes as no surprise that class actions targeting greenwashing claims — or green advertising — continue to rise in number and complexity.

Although consumer demand and regulatory actions have increasingly motivated businesses to make public statements about their sustainability practices and commitments to climate change, now is the time to take a step back and reevaluate those sustainability claims and marketing. Vague, unverified and unsubstantiated claims can all too easily lead to allegations of greenwashing.

This article, published in Law360, discusses the most recent developments in greenwashing litigation, which show a shift in focus to carbon-neutrality claims and related sustainability claims. It also covers the constantly evolving regulatory landscape and practical ways for your business to avoid the risks of greenwashing litigation.

Click here to read.

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David Baay is a partner in Baker McKenzie's Litigation and Government Enforcement practice group and resides in the Firm's Houston office. David has over 23 years of trial and arbitration experience representing clients in high-stakes commercial disputes. David specializes in partnership disputes involving closely-held corporations and limited liability companies. David is also a known authority on greenwashing litigation and PFAS litigation and has spoken extensively on the topic of litigation exposure arising from greenwashing claims.

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Kelsey Machado is a partner in Baker McKenzie's Houston office and is a member of the Firm's Litigation and Government Enforcement practice group.

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Matt Rawlinson is a partner in Baker McKenzie's Litigation and Government Enforcement Practice Group in Houston. Matt brings extensive experience representing companies in complex construction, energy and commercial litigation matters, including upstream, midstream, and downstream oil and gas disputes, EPC contract disputes, construction defect disputes, alternative energy disputes, insurance and indemnity claims, breach of contract disputes, business torts and other general contractual matters. He has represented clients in many state and federal courts as well as numerous arbitrations. He regularly works with EPC companies, investors, energy providers, project developers, underwriters and commodity trading firms to navigate the emerging issues that arise from energy and construction sector contracts.

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