
Environmental, social and governance
2021 Annual Litigation Trends Survey
United States | Publication | March 7, 2022
Norton Rose Fulbright's 2021 Annual Litigation Trends Survey indicates that environmental, social and governance (ESG) issues and related disputes are top of mind.
Companies in the energy and finance sectors specifically expressed a strong interest in ESG topics, with carbon neutrality being frequently mentioned.
In 2021, concern over ESG issues grew significantly. Of those surveyed, 37% said they were more concerned compared to 21% who said so in 2020.
Companies in the energy and finance sectors expressed the strongest interest in ESG topics, with climate change and carbon neutrality being frequently mentioned. Legal departments are highly engaged with ESG issues: most respondents said their group is highly or at least moderately involved, with only a small minority feeling this was outside their purview.
Download the 2021 Annual Litigation Trends Survey for more details.
This issue
Recent publications

Publication
Two US decisions find that reproducing works to train large language models is fair use – Part 2: Kadrey v Meta
In Part 1 of this series on fair use in training large language models (LLMs), we discussed Judge Alsup’s decision of Bartz v Anthropic, which found that copying books to train an LLM was fair use, but using pirated books to create a central library was not.

Publication
L’AMF propose un encadrement pour l’usage de l’IA dans les services financiers : quelles obligations pour les institutions financières?
Selon un rapport conjoint du Bureau du surintendant des institutions financières (BSIF) et de l’Agence de la consommation en matière financière du Canada (ACFC), environ 70 % des institutions financières fédérales prévoient utiliser l’IA d’ici 2026 .

Publication
Two US decisions find that reproducing works to train large language models is fair use – Part 1: Bartz v Anthropic
Two recent judgments – decided just days apart – from different judges of the Northern District of California District Court determined that using copyrighted books to train large language models (LLMs) was fair use.
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