2 min
Crosscurrents: Global Sustainability Divides & ESG Compliance, Litigation Risks, and Corporate Responsibility
As sustainability moves from niche topic to boardroom central, companies face an increasingly complex global environment of regulatory divergence, disclosure demands and reputational risk. A recent article by J.S. Held's John Peiserich examines how multinational firms can respond effectively to the “crosscurrents” of ESG compliance, litigation exposure and evolving definitions of corporate responsibility. John Peiserich specializes in environmental risk and compliance. With over 30 years of experience, John provides consulting and expert services for heavy industry and law firms throughout the country with a focus on Oil & Gas, Energy, and Public Utilities, including serving as an expert witness in arbitration proceedings and in state and federal courts. View his profile here Key Insights: Sustainability now touches every major business function — environmental, social, and governance — and must be embedded in strategy rather than treated as an add-on. Regulatory landscapes are diverging: while the U.S. federal approach remains fragmented, individual states like California are moving ahead with mandatory climate and emissions-related corporate disclosures. In contrast, the European Union’s Green Deal and related frameworks promote a more unified regulatory model, creating operational tension for multinational corporations. Litigation and disclosure risk are increasing, with “greenwashing” (overstating sustainability achievements) and “greenhushing” (avoiding or under-reporting ESG performance) emerging as major board-level concerns. Effective risk management now requires scalable data systems, transparent communication, strong governance, and agility to adapt across multiple regulatory regimes. Why this matters: The widening divide between jurisdictions — and intensifying scrutiny of corporate sustainability claims — means ESG compliance can no longer be treated as a checkbox exercise. Organizations that fail to anticipate regulatory expectations or align ESG strategy with business goals risk legal exposure, reputational harm, and missed opportunities for value creation. Strategic Insights for Corporate Leadership on Sustainability Boards and executives must adjust their mindset, seeing sustainability not as a burden but as a catalyst for growth and differentiation. Proactive investment in research, development, and stakeholder engagement will help organizations seize new opportunities and maintain credibility in a fast-changing world. Documentation and transparency are vital defenses against legal challenges, while ongoing monitoring of policy and market trends ensures adaptability. Ultimately, the most successful companies will treat sustainability as an essential tenet of strategy—aligning profit, purpose, and governance to secure their position in the global marketplace. Navigating the crosscurrents of sustainability requires courage, judgment, and a commitment to continuous learning. By embracing these principles, corporations can build a future that is not only profitable but also just, resilient, and worthy of the trust placed in them by shareholders and society alike. Looking to know more or connect with John Peiserich about this important topic? Simply click on his icon now to arrange an interview today.
