As regulatory requirements around climate and other Environmental Social and Governance (ESG) disclosures take shape and anti-ESG sentiment grows, organizations are increasingly finding themselves navigating a complex risk landscape.

From our survey:

• Issues surrounding board governance, executive compensation, conflict of interest and proxy battles have been flagged by 50% of Canadian survey respondents as something to pay attention to in 2024

• One in 10 respondents experienced ESG-related litigation last year (compared to just two percent in 2022) – a development we anticipated in our 2023 report.

• 38% of organizations are also concerned about future ESG class actions as issues such as greenwashing, diversity policies and regulatory compliance go under the microscope.

In episode three of our miniseries, hosts Ted Brook and Erin Brown draw on the expertise of Alison Babbitt, Partner, Canadian Co-Head of Responsible Business and Sustainability, and Heidi Reinhart, Partner. Together, they explore the discourse around ESG litigation risk as new regulations and policies come to the forefront. We’ll learn how various industries are impacted and why a strong base of corporate governance, transparency, and consistency can set businesses up for success.

Download the full Litigation Trends Survey at 2024 Annual Litigation Trends Survey.

This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

Our digital world is creating more data than ever before.

And according to findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey, as data volumes grow exponentially, so do cybersecurity and data privacy concerns.

From our survey:

• 40% of organizations saw their cybersecurity dispute exposure grow in 2023 – more than any other area – as cyberattacks reached record levels and the patchwork of data protection regulations grew in complexity.

• Cybersecurity, data protection and data privacy also top the list of litigation concerns in the year ahead amid the challenges posed by data management and AI.

In episode two of our miniseries, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, are joined by the Canadian Co-Heads of Cybersecurity and data privacy at Norton Rose Fulbright: Imran Ahmad and John Cassell. Together, they dissect the nuances of cybersecurity, data privacy and emerging policies around AI as the dramatic growth of generative AI tools like ChatGPT outpaces existing legal frameworks. Now more than ever, organizations need to remain proactive in order to mitigate risks and take advantage of future opportunities.

Download the full 2024 Annual Litigation Trends Survey at 2024 Annual Litigation Trends Survey.

This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.

What’s top of mind for litigation and disputes lawyers? Increased regulatory proceedings, rising class actions, and ever-growing concerns around ESG remain a priority for general counsel and in-house litigation leaders across Canada according to the Canadian findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey.

So, what does this mean for the future of litigation in 2024?

Our first episode of Undisputed, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, dive into the survey insights and how to prepare for the challenges ahead, with François-David Paré - Partner, Canadian National Chair, Litigation and Disputes.

Download the full 2024 Annual Litigation Trends Survey at: 2024 Annual Litigation Trends Survey

This episode is accredited 0.5 substantive hours in Ontario and 0.5 substantive hours in British Columbia.