John O’Riordan

Aug 27, 2024 | lexology.com | John O’Riordan

ESG related reporting requirements for companies are putting an ever-increasing emphasis on non-financial factors, with recent regulatory developments ensuring that sustainability is now a key risk, strategy and management issue for companies and their directors and officers (D&O). In this article, we will consider the Corporate Sustainability Reporting Directive and Corporate Sustainability Due Diligence Directive.

Jul 8, 2024 | lexology.com | John O’Riordan

Our first article in this series discussed recent caselaw which considered greenwashing practices in the context of consumer legalisation and also, looked at recent regulatory intervention in this area against companies in a range of sectors across Europe. This second article will look at directives being progressed by the EU with the aim of protecting consumers from misleading, unsubstantiated or ambiguous claims around sustainability and other ESG related matters.

Jun 27, 2024 | lexology.com | John O’Riordan

Greenwashing is a practice that can include overstating a company’s environmental record, misrepresenting the sustainability of its corporate practices or claiming a product as environmentally friendly without any verifiable evidence. With a growing focus from consumers and regulators on sustainability and on Environmental Social and Governance issues ('ESG'), claims arising from the environmental impact of corporate practices are coming under increasing scrutiny.

May 28, 2024 | lexology.com | John O’Riordan

The Department of Enterprise, Trade and Employment (‘Department’) has announced a public consultation on the national implementation of the EU Artificial Intelligence Act (‘AI Act’). This follows its formal adoption by the Council of EU on 21 May 2024. Phased implementation of the AI Act will take place over a period of 36 months, with key provisions expected to be operational within 24 months. Purpose of the AI ActThe AI Act is an EU regulation with direct effect.

Oct 24, 2023 | lexology.com | John O’Riordan

English courts have, for a number of years, recognised that there is an implied duty on a party exercising contractual discretion to do so reasonably or rationally, often referred to as a ‘Braganza duty’. This duty has been implied into contracts that exist in an entirely private law context. But what is the position in Ireland? What is a Braganza Duty?