Climate Change Impact on Commercial Litigation

This document is a technical report that outlines the increasing prevalence of climate-related litigation across various business sectors. It details the significant rise in cases, particularly in the United States and Europe, highlighting the evolving nature of claims related to fossil fuels, corporate governance, and greenwashing. The report notes that over 2,550 climate change cases have been filed globally, with a notable increase in the last decade. It explains the legal landscape, including the challenges faced by plaintiffs in federal courts and the shift towards state courts for more favorable outcomes. The report also discusses new regulatory requirements for corporate disclosures regarding greenhouse gas emissions, which are expected to lead to further litigation risks. Additionally, it addresses the implications of greenwashing claims and the potential for increased scrutiny on corporate practices related to climate change. The document provides actionable advice for in-house counsel and corporate boards to mitigate litigation risks associated with climate change.