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ESG Litigation in the Face of Climate Change – An Introduction from a European Corporate Perspective

The number of litigation related to Environmental, Social and Governance (ESG) topics is increasing rapidly. Accordingly, it is important for companies to understand the underlying norms and associated legal risks to take appropriate measures. In this newsletter, we introduce recent ESG litigation developments, focusing on so-called “Climate Change Litigation”. The term “Climate Change Litigation” or “Climate Litigation” (“Klimaklagen”) is often used when interest groups or individuals sue governments or companies to enforce their views on climate protection. Climate change-related lawsuits are gaining importance around the world, with about two-thirds of more than 2,300 cases having been recorded by the Sabin Center for Climate Change Law (SCCCL) after the Paris Climate Agreement was adopted in...To read the full article, please see the PDF file

Authors

ドミニク・クルーゼ

Dominik KRUSE

  • Partner
  • Frankfurt / Düsseldorf

Dominik serves as co-representative of our offices in Frankfurt and Düsseldorf, Germany. He advises Japanese companies on corporate and cross-border M&A matters, as well as European companies regarding their business expansion into Southeast Asia (notably Indonesia, Thailand and Vietnam). He has a wealth of international experience and brings unique insights into deal-making across different cultures in both emerging and mature markets. Before joining the Tokyo office of Nishimura & Asahi in November 2019, Dominik worked at Clifford Chance (based out of Düsseldorf, Germany, and New York) and as in-house counsel at Pfizer, Inc. (New York).

加藤 由美子

Yumiko KATO

  • Counsel
  • Frankfurt / Düsseldorf

Currently based in Frankfurt, Yumiko has worked on various cross-border transactions and research projects for multinational corporations and governments. Her main practice areas are corporate/M&A, competition/antitrust, and litigation.

In addition to Tokyo, she studied and worked in various cities, including Washington, D.C., New York, London, Düsseldorf, and Frankfurt. Through such experiences, she has developed insights into various legal systems, business practices, and cultural differences, and also built a rich network with local business associations and local counsels. By leveraging such insights, she supports Japanese companies in expanding their business abroad and multinational companies in expanding their business into Japan.

Whereas her main practice area is corporate matters, she is actively engaged in various projects related to sustainability/ESGs. She completed related trainings such as FASID/Ministry of Foreign Affairs’ “International Aid Programme (certificate)” and Oxford’s Saïd Business School’s “Leading Sustainable Corporation Programme (certificate),” and has advised on various pro bono matters for international organizations and NGOs. She has insights into recent developments of legislations related to supply chain due diligence for human rights and the environment.

She has contributed to ESG practice area as well utilizing her experiences advising both public and private sectors

ミリアム・シュタインケ

Miriam STEINKE

  • Associate
  • Frankfurt / Düsseldorf

Miriam is a German lawyer in our Frankfurt office.

Before joining Nishimura & Asahi, Miriam gained experience as research assistant at leading national and international law firms in Germany, focusing on civil litigation, in particular mass proceedings. She also worked at the University of Frankfurt's institute for Japanese Law, where she has engaged in the basics of modern Japanese law as well as its cultural foundations.