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Financial institutions face growing exposure over greenwashing. This can arise not only when their public statements on sustainability and responsible business practices are misleading, selective or incomplete, but also when their products and marketing strategies do not align with their public sustainability goals.

Sustainability-related communications range from the publication of nonfinancial statements to the referencing of such terms in financial product names. Increasing demands over reporting have made financial institutions more vulnerable to scrutiny leaving them exposed to litigation, enforcement and damage to reputation in this respect.

This guide considers what is greenwashing, the developing legal landscape and how financial institutions may mitigate the risk of reputational damage.

A Practical Guide to Greenwashing for Financial Institutions

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Author

Adam Farlow is the Global Chair of our Capital Markets Practice Group. He is a New York and English qualified capital markets partner based in London. He has extensive experience in US securities laws and transaction management. He has been elected as a Life Fellow of the American Bar Foundation and serves on the Council of the American Bar Association Section of International Law.

Author

Eva-Maria is a partner in our Austrian corporate / M&A group and a member of our global sustainability practice. She acts as global lead sustainability partner for our financial institutions industry group, heads Baker McKenzie's capital markets practice in Austria and is a member of our EMEA steering committee for capital markets. Eva-Maria is a dual-qualified lawyer, admitted to practice in Austria and New York. Prior to joining Baker McKenzie's Vienna office in 2008, Eva-Maria worked in the New York, Paris and Frankfurt offices of a well-known US law firm.