Partners Jonathan Meer (New York, NY) and Carl Pernicone (White Plains, NY) co-authored “Is Climate Change Impacting D&O Liability?” for the September 20, 2021, PLUS Blog, published by the Professional Liability Underwriting Society. The post takes a look at recent cases of climate change litigation filed against directors and officers (D&Os) as opposed to the majority of cases involving only the corporate entities. To date, the allegations against the D&Os in these limited cases have concerned their alleged failure to disclose corporate exposure in connection with their company’s use of fossil fuels and the nexus between such nondisclosure and a host of environmental concerns. Despite these cases, Jonathan and Carl conclude that concern over class actions naming D&Os as defendants is not growing in the United States.

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