A new study from researchers at the University of North Carolina, Miami University of Ohio, and the University of Oklahoma finds that a reduction in the overall expected securities litigation costs for companies plays a role in their voluntary environmental, social, and governance (“ESG”) reporting – albeit not in the way that might be expected. While demands for companies to voluntarily release ESG information is up, the reduction in risk on the cost front has not translated to companies issuing more ESG reporting. However, it has had an impact on the way in which companies talk about ESG in their reports, resulting in the overall adoption of a more optimistic tone in companies’ reports.
Setting the stage in their recently-published paper, “The Effect of Expected Shareholder Litigation on Corporate ESG Reporting: Evidence from a Quasi-Natural Experiment,” Lijun (Gillian) Lei, Sydney Qing Shu, and Wayne Thomas point to growing demand for ESG information from stakeholders and the general lack of strict regulation of ESG reporting. Against this background (and in light of rising litigation over ESG reporting), they state that senior lawyers view ESG-related disputes as the top source of litigation risk facing their organizations.