ESG Disputes & Enforcement

Allergan plc (now part of AbbVie) and several former and current executives in successfully securing summary judgment and full dismissal of a securities fraud class action in the Southern District of New York arising out of alleged misrepresentations about the risks of silicone-gel breast implants.

BHP as lead counsel in climate change litigation filed by municipalities in Hawaii state courts relating to allegations of rising sea levels and based upon theories of tort liability, including nuisance and trespass.

Compass Minerals, leading salt producer, in connection with a securities class action concerning the settlement of an SEC investigation relating to accounting and ESG issues.

Del Monte Fresh Produce N.A., Inc. in a series of toxic tort class and mass actions filed across the United States brought by thousands of foreign agricultural workers claiming personal injury from exposure to pesticide.

Overseas Shipholding Group, one of the world’s largest publicly traded oil tanker companies, in connection with litigation of thousands of claims relating to asbestos exposure in connection with its comprehensive Chapter 11 restructuring. Cleary’s representation resulted in findings of no liability for nearly all of these claims, and successfully avoided establishment of an asbestos-claims trust. 

Vale S.A. in the Climate & ESG Taskforce of the SEC’s first enforcement action regarding securities disclosures related to Vale’s dam safety in the wake of the 2019 Brumadinho dam collapse in Brazil, which resulted in a highly favorable settlement with the SEC after litigation was commenced whereby the SEC agreed to publicly dismiss the fraud charge against the company.