Environmental, Social, and Governance (ESG) expectations are now a fixture in global business. For B2B companies, the importance is even higher. Yet, many legal teams are still playing catch-up, with costly ESG mistakes becoming more common.
Here are five key ESG mistakes B2B legal teams must proactively manage in 2025.
Treating ESG as a PR Issue, Not a Legal One
Too many businesses still silo ESG under marketing or CSR. But with laws like the EU Corporate Sustainability Reporting Directive (CSRD) and the SEC’s climate disclosure rule, ESG has become a regulatory obligation. Legal teams must lead or co-lead ESG strategy and not just review the messaging.
Ignoring Supply Chain Transparency
B2B companies are increasingly liable for ESG failures within their supply chains. The German Supply Chain Due Diligence Act and upcoming EU regulations require active monitoring of labor practices, environmental impact, and human rights across vendors. Simply adding contractual clauses is no longer enough. Legal teams must help design and enforce real due diligence mechanisms.
Underestimating Greenwashing Risk
Vague or exaggerated ESG claims can trigger lawsuits, regulatory penalties, and reputational damage. The U.S. FTC is updating its Green Guides, and Europe has new anti-greenwashing directives. Legal must ensure that sustainability statements are verifiable and consistent with actual practices.
Failing to Integrate ESG Into Governance
Without board-level oversight, ESG risks remain unmanaged. Many jurisdictions now expect ESG to be embedded in enterprise risk management and executive compensation. Legal teams should push for formal ESG governance structures, documentation, and board engagement to meet fiduciary duties.
Overlooking Local Variations in ESG Law
Global B2B players face a patchwork of ESG rules. What satisfies one jurisdiction may violate another. California’s new climate disclosure laws, for example, exceed federal requirements. Legal teams must track evolving ESG standards at national and other levels to avoid compliance blind spots.
The Bottom Line
ESG is a legal imperative. B2B legal teams that take a proactive role in ESG strategy will be able to minimize risk and position their companies for long-term resilience and credibility.
