Climate-Change-Related D&O Liability - The Coming Flood?

Oregon State Bar Association

PUBLISHED ON: December 28, 2010

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As the number of climate-change-related lawsuits against public companies grows, and climate-change issues become the subject of increasing state, federal, and international regulatory efforts, the risk that directors and officers (“D&Os”) of those companies will become the targets of governmental and private lawsuits based on their companies’ climate-change-related disclosures is becoming all the more likely. Perhaps the clearest indication of the potential future landscape of climate-change-related D&O liability is the SEC’s issuance, for the first time this year, of climate-change-related financial disclosure guidelines.