The session will offer a clear and practical overview of the broad and evolving ESG landscape. It will start with a focus on the environmental (“E”) aspect, highlighting climate litigation and the liability risks this presents to insurers and policyholders.
Next, the session will examine the governance (“G”) side of ESG, looking at how current EU regulations—such as the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Due Diligence Directive (CSDDD)—are shaping the landscape and impacting firms and insurers. Although the social (“S”) element won’t be the primary focus, it will be addressed where it intersects with climate litigation and regulatory obligations.
Learning Objectives
At the end of this session, delegates will be able to:
- Describe and explore ESG and climate change litigation’s impact on corporations and the evolving regulatory landscape, with insights from the latest research and key developments
- Explain key trends and evolving forms of liability arising from climate change litigation and new regulatory corporate sustainability due diligence and reporting requirements at the EU level
- Summarise how to apply lessons from recent climate case law to your business, identify potential liability areas, and reflect on the impact of CSRD and CSDDD for ensuring compliance and uncovering new opportunities.
- Outline a high-level strategy to mitigate litigation and regulatory risks using climate case law insights, while also creating a robust compliance plan for upcoming ESG regulations
About the Presenters
Lucia Williams, Senior Associate
Lucia is a Senior Associate in Clyde & Co’s Climate Risk & Resilience practice and the firm’s Insurance and Reinsurance disputes team. Lucia advises clients on issues surrounding the transition to net zero, particularly climate litigation risk, and she represents clients in international arbitration of complex, high-value insurance disputes involving pollution, environmental damage and mass tort lawsuits.
Sarah Hill-Smith, Associate
Sarah is an associate in the Climate Risk & Resilience team in London, where she advises companies across industries (including energy, trade and commodities, natural resources, and technology) on their exposure to climate-related liabilities and risks (including regulatory, litigation and transition risk). Sarah attended COP28 and COP29 on behalf of Legal Response International and has presented on ESG and climate risk to a range of audiences in the UK, UAE and South Africa.
