The First Civil Senate of the German Federal Court of Justice, which is in charge of competition law, has ruled that advertising with an ambiguous environmental term (here: “climate neutral”) is generally only lawful if the specific meaning of the
Eye on ESG, published by Mayer Brown, focuses on legal developments and regulatory updates related to environmental, social, and governance (ESG) matters. The blog covers topics such as sustainability reporting requirements, climate-related financial disclosures, human rights and environmental due diligence, and regulatory compliance challenges faced by companies globally. It addresses legislative changes, enforcement actions, and litigation risks in areas including climate disclosure laws, corporate sustainability directives, and sector-specific ESG risks like those in mining. The blog also discusses the intersection of ESG with corporate governance, investor expectations, and international standards, providing insights into evolving legal frameworks and compliance strategies.
Japan is considering whether to require all of its primary listed companies to publish an annual sustainability report which substantively conforms with the standards issued by the IFRS’ International Sustainability Standards Board (“ISSB”). The new mandatory disclosure rule would be…
On 3 June 2024, the Asia Pacific Loan Market Association (“APLMA”) published its set of “Model Provisions for Green Loans” (“Model Provisions”), following the publication of the “Draft Provisions for Sustainability-Linked Loans” by the London-based Loan Market Association (“LMA”) a…
The European Securities and Markets Authority (ESMA), published a combined report on its 2023 Common Supervisory Action (CSA) and the accompanying Mystery Shopping Exercise (MSE) on marketing disclosure rules under MiFID II. ESMA, together with the National Competent Authorities (NCAs),…
On 16 May 2024, the UK Government published an implementation update on its development of economy-wide sustainability disclosure requirements (the “Implementation Update”). The Implementation Update, which the UK Government committed to publishing in its 2023 Green Finance Strategy (which you…
On 14 May 2024, the European Securities and Markets Authority (“ESMA”) published its final report on “Guidelines on funds’ names using ESG or sustainability-related terms” (the “Guidelines”). The Guidelines aim to provide fund managers with clear and measurable…