Greenwashing: The Emerging Liability Landscape
General counsel face a looming ESG challenge: managing sustainability claims that could become potential litigation triggers. Proactive Risk Management is a Strategic Imperative The threat of greenwashing (either exaggerated or untrue sustainability claims) is larger than ever, and the consequences have never been more severe. Companies are no longer judged merely on their sustainability intentions, […]

Miriam Wrobel is a Senior Managing Director and Alanna Fishman is a Managing Director at FTI Consulting. This post is based on their FTI Consulting memorandum.
General counsel face a looming ESG challenge: managing sustainability claims that could become potential litigation triggers.
Proactive Risk Management is a Strategic Imperative
The threat of greenwashing (either exaggerated or untrue sustainability claims) is larger than ever, and the consequences have never been more severe. Companies are no longer judged merely on their sustainability intentions, but on the precision and verifiability of their environmental narratives. This risk of misleading claims, whether intentional or not, demands a fundamental reimagining of how organizations approach sustainability communications and their associated controls.