Outlook 2026: Silke Goldberg, partner and global head of ESG at Herbert Smith Freehills Kramer, argues that rising geopolitical risk is forcing a rethink of ESG frameworks, with defence and security increasingly integral to long-term sustainability and societal resilience.
Climate transition plans are a key tool in translating companies’ broad climate goals into tangible actions – and being transparent on your transition planning process can help your company to mitigate the risk of greenwashing claims, writes Jill Shaw, ESG and sustainability lead at A&L Goodbody, Dublin.
The government has responded to parliamentary calls for tougher action on forced labour, but its plans stop short of major legislative reform. Analysis from Richard Reichman, partner, and Christina Josephides, senior associate, at BCL Solicitors in London.
Canada’s 2025 Budget proposes easing greenwashing compliance by repealing key 2024 Competition Act provisions and restoring the Competition Bureau’s gatekeeper role for challenging environmental claims, writes Beth Riley, partner at McMillan in Calgary.
A legal study by the European Central Bank warns that recent climate-related human rights rulings – including KlimaSeniorinnen v Switzerland – may heighten litigation and transition risks for financial institutions, and urges EU policymakers to integrate stronger climate safeguards into law and supervision.
As ESG faces its toughest backlash in 15 years, all businesses in every jurisdiction are under pressure to prove that sustainability in fact delivers returns. Analysis by Ruth Knox, chair of the ESG & sustainable finance practice at Paul Hastings in London.
Parliament is considering a bill that would make UK company directors legally accountable for the environmental impact of their decisions. The direction of travel is clear, writes Robert Allen, head of ESG at Simmons & Simmons in London.
At a Simmons & Simmons panel, Holland & Knight partner Meaghan Hembree said that Trump’s ESG rollback is fuelling state-level divergence, regulatory uncertainty and rising litigation – demanding sharper compliance strategies from companies operating in the US.
While the UK government’s consultation on its Sustainability Reporting Standards reflects a direction of travel, there remains uncertainty for in-house counsel over the scope and timing of the standards. Samantha Brady at Slaughter and May talks to Forward Law Review about the government’s proposed amendments.
Chloe Edworthy at Macfarlanes and Louise Barber at Herbert Smith Freehills Kramer examine the Council of Europe’s new treaty that, for the first time, sets out binding international standards for the criminal prosecution of serious environmental harm.
Greenwashing and ESG disputes are no longer a risk on the horizon – they’re here, and businesses must be prepared, write Heike Schmitz, partner and co-head of ESG (EMEA), and Sousan Gorji, senior associate in the disputes team, at Herbert Smith Freehills Kramer.
In this Q&A, Sebastian Gräler and Julius Fabian Stehl at Hogan Lovells in Dusseldorf analyse the recent court decision that "laid a conceptual foundation for civil climate liability under German private law".
Regulators in France, the UK and the US are increasing efforts to tackle misleading environmental claims – making robust, verifiable sustainability practices a legal and reputational imperative, write White & Case partners Sonja Hoffmann and Yann Utzschneider and associates Spencer Beall and Janina Moutia-Bloom.
African businesses are likely to be widely affected by new EU corporate disclosure rules on human rights and sustainability, write partner Kate Paterson and associate Sibongile Sibeko at Bowmans in Johannesburg – and may face serious consequences if they fail to act.
Recent developments in civil litigation and changing government regulations concerning per- and poly-fluoroalkyl substances have created new considerations for companies, write Alexis Dyschkant, Ben Lenhart and Abigail Barnes of Covington & Burling.
The Scared Climate Optimist: Beyond the difficult headlines, there are examples everywhere of the biggest asset managers in the world still taking action on climate issues, writes Joshua Domb at Gen-R Law.
“From an employer's perspective, the main issues are going to be toilets, changing facilities, pronouns and data collection,” says Andrew Taggart, partner at Herbert Smith Freehills. He spoke with Forward Law Review about the implications of the controversial decision on gender definition.
The EU’s decision to simplify its Deforestation Regulation is good news, says Lucy Blake at Jenner & Block – the due diligence requirements were stringent and onerous, particularly for businesses with complex global supply chains.
Everything in society relies on natural capital so it must be protected, writes Henry Vane at environment-focused firm Lux Nova. This will require a combination of government intervention and market forces – and the help of lawyers.
Amid volatility, uncertainty, complexity and ambiguity, law firms worldwide must prepare to navigate a complex web of strategic risks, writes Robert F van Beemen, partner at DRB in the Hague and chair of the IBA’s Law Firm Management ESG Subcommittee.
Companies that integrated ESG teams into complaint responses often engaged more constructively – emphasising long-term reputational and operational benefits over short-term legal risk mitigation, writes Sheri Meyerhoffer, Canada’s former Ombudsperson for Responsible Enterprise.
As defence budgets expand, financial institutions and fund managers will need to clarify their approach to defence alongside their ESG commitments, writes Rachel Lowe, special regulatory counsel at Proskauer in London.
Baker McKenzie's Global Disputes Forecast reports that 40% of companies consider ESG disputes a significant risk – a notable decrease from last year, when it was over 70%. Partners Peter Tomczak and David Gadsden analyse this decline and how companies are attempting to mitigate the continuing risk.
What does the European Commission’s Simplification Omnibus mean for the EU Sustainable Finance Framework? By Heike Schmitz, partner and co-head of ESG (EMEA) at Herbert Smith Freehills.
Forward Law Review asked the commission six key questions on its forthcoming Omnibus Simplification Package – covering its announcement date, reporting timelines, the potential inclusion of CBAM, the impact of politics, and potential wider legislative changes. Here we present the commission’s lengthy response in full.
With Omnibus Simplification Package scheduled to be revealed next week amidst a turbulent political environment, Forward Law Review canvassed practitioners on their concerns and predictions for the EU’s plans for streamlined corporate sustainability reporting. Comment from Rebecca Perlman at Kirkland & Ellis, Rachel Lowe at Proskauer, Jill Shaw at A&L Goodbody and Jacquelyn MacLennan at Edinburgh University Law School.
Alan Andrews, interim CEO of the Net Zero Lawyers Alliance, explains why – despite an ESG backlash, economic headwinds and political opposition – every lawyer will need to develop their practice to meet the challenges and opportunities of climate change.
Although the narrative of Argentina’s current administration is aligned with the ESG backlash movement, the country’s ESG regulatory landscape has not significantly changed since President Milei took office, writes María Victoria Tuculet, a financial services and ESG partner at Bomchil in Buenos Aires.
The South American trade bloc’s agreement with the EU, reached in December, places significant emphasis on the Paris Agreement and sustainable development. With comment from Maria Victoria Tuculet, partner at Bomchil in Buenos Aires.
In a “remarkable” ruling, the Hague District Court has ordered the Dutch state to significantly reduce nitrogen emissions in 50% of vulnerable natural habitats by 2030 - and to pay Greenpeace €10 million if it fails. With analysis from CMS and Loyens & Loeff in Amsterdam.
Amid allegations that companies with well-documented links to Uyghur slave labour are “dumping” their goods in the UK, the government says that it is taking steps to revisit the country’s decade-old Modern Slavery law - and has launched a new inquiry.
As law firms worldwide rush to bolster their ESG practices there is a risk that valuable pro bono work will fall by the wayside. By Jacquelyn MacLennan, a member of the Brussels Bar and a Scottish solicitor, a CEDR-accredited mediator and Hon. Professor at Edinburgh University Law School.
Over the last five years, the incidence of environmental, social and governance (ESG)-related litigation involving retirement funds globally has grown about 100% per year, writes David Geral, partner at Bowmans in Johannesburg. In South Africa, it is no longer a question of if, but when, the first retirement fund will face litigation.
At the International Court of Justice climate change hearings this week, China said it believes the groundbreaking ITLOS opinion “goes against UNCLOS’s intent”. With commentary from Sophie Lamb KC at Latham & Watkins and Louise Barber at Herbert Smith Freehills.
Following our focus on Eni v Greenpeace Italy, Forward Law Review considers the current state of anti-SLAPP legislation in the UK and asks: are more laws to protect free speech needed?
A global biodiversity fund seeks payment from sectors benefitting from digital sequencing information – potentially covering agriculture, biotech, cosmetics, pharma and AI. Bart Van Vooren at Covington & Burling tells Forward Law Review why the UN-backed plan, as it stands, will fail.
Maurits Dolmans and Andreas Wildner at Cleary Gottlieb analyse the Hague Court of Appeals judgment, finding that it is likely to have important implications for future litigation against oil and gas companies.
Forward Law Review asked lawyers in the United States, Canada and Europe what they consider to be the greatest challenges – and opportunities – when Donald Trump enters the White House in January.
