Environmental, social and governance
2023 Annual Litigation Trends Survey
United States | Publication | January 18, 2023
Norton Rose Fulbright’s 2023 Annual Litigation Trends Survey indicates that environmental, social and governance (ESG) concerns are growing.
While only 2% of respondents reported ESG-related litigation in 2022, more than one-quarter of respondents (28%) said their exposure in this area had deepened and 24% expect increased exposure in the coming year. Moreover, of those concerned with class actions in the year ahead, more than one in three said ESG-related class actions stand among their greatest concerns.
Download the 2023 Annual Litigation Trends Survey for more details.
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Employer intent—not negligence—now governs employer liability for client harassment in the US Sixth Circuit
In a stark deviation from the EEOC’s guidance and several other federal courts, the Sixth Circuit Court of Appeals recently held in Bivens v. Zep, Inc., No. 2:23-cv-11398 that an employer can only be held liable for a client/customer’s harassment of an employee if the employer intended for the harassment to occur.
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