Litigation partner Alexander Simkin is featured in a new Corporate Counsel article examining the continued rise of greenwashing lawsuits targeting companies accused of making misleading environmental claims.
Alex notes that "all industries are at risk," adding that "anyone who's in a consumer-facing industry is probably at a heightened risk." He highlights the technology sector as an area of growing exposure, predicting that enforcers and plaintiffs will increasingly scrutinize the environmental impact of data centers powering artificial intelligence models.
The article also examines a pending U.S. Supreme Court case that could reshape greenwashing litigation by addressing whether federal environmental law preempts state-level claims. As for risk mitigation,
Alex advises companies to "tell the truth," emphasizing that "as long as companies are not making statements that are misleading or confusing to their customers, they should be safe."
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