ESG litigation risk is on the rise for corporates. They are facing the prospect of real monetary liability and challenges to their business models and corporate governance, whether as a result of shareholder activism, or claims by individuals, groups or communities impacted by the company’s activities or those of its subsidiaries or supply chain partners. And directors of those companies find themselves particularly under the spotlight, with claims being crafted in some cases around breach of director duties. In this latest instalment of our Demystifying ESG series, we will be delving into what this evolving liability landscape means for companies, their directors and those advising boards, with perspectives from the US, the U.K. and Europe.

Most major companies have implemented a compliance program but often struggle with two issues: ensuring the compliance program remains effective in light of their existing and changing landscape and making it more efficient by leveraging technology. The Compliance Cockpit specifically addresses both issues.

ESG disputes pose one of the top risks to organizations in the coming year, particularly the increasing concern of governance disputes. Join Baker McKenzie’s global team on 31 January 2023 as they discuss key risks to your organization as well as how to manage these and adapt to changing demands.

Looking to the year ahead, Baker McKenzie commissioned a survey of 600 senior lawyers across the globe and uncovered that corporations expect more disputes this year, driven by economic uncertainty, global trade shifts and altered business models. Disputes around cybersecurity/data and ESG rank as emerging risk areas, while tax and employment disputes remain a constant consideration for organizations. To help stay abreast of emerging challenges and prepare to navigate the changing disputes landscape, join our experts across the globe in a series of webinars as they unpack findings from our latest report, The Year Ahead: Global Disputes Forecast 2023, and uncover a practical, actionable way forward.

On 15 September 2022, Deputy Attorney General Lisa Monaco issued a memorandum to Department of Justice prosecutors entitled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”. As has become common in recent years (with a brief intermission under Deputy Attorney General Rod Rosenstein who objected to the practice), such memoranda and other Department pronouncements have come to herald key developments in DOJ policy on corporate criminal enforcement and related practice. These memoranda are therefore closely watched by the defense bar and corporate counsel alike.

The most comprehensive guide of its kind, the Global Attorney-Client Privilege Guide is an interactive resource covering the law and best practices on privilege in 34 key jurisdictions.
The up-to-date understanding of the law of privilege found in the Guide helps companies to maximize the available protections and ensure that, where possible, privilege is maintained.
When litigation is threatened, companies whose employees know how to recognize and protect privileged information are better prepared to respond to the risks.

Our annual report, The Year Ahead: Global Disputes Forecast 2022, addresses key trends in the disputes landscape around the globe, and we invite you to join us for a webinar series focused on key issues identified in the report including litigation preparedness, ESG, digital transformation and healthcare and life sciences.

Our fifth annual report, The Year Ahead: Global Disputes Forecast 2022, and webinar series address key trends in the disputes landscape around the globe.

In 2010, public Delaware corporations began adopting forum provisions to require various types of “intra-entity” disputes — claims that directors breached their fiduciary duties in approving a sale transaction — be made solely in Delaware courts. However, over the past decade, this has now been shaped into a boilerplate provision under U.S. securities law.