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Navigating the Anti-ESG Backlash: Antitrust, State Attorneys General, and Global Divergence (Part Two)

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In part two of an article authored for IFLR, Takahiro Nonaka explores the increasing pressure on climate alliances and DEI...

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In part two of an article authored for IFLR, Takahiro Nonaka explores the increasing pressure on climate alliances and DEI programs from state attorneys general to antitrust regulators, the implications of diverging global ESG legal regulations, and practical steps for companies to strengthen their ESG strategies amid legal uncertainty.As Takahiro notes in the article:“Even as federal agencies retreat from ESG enforcement, other legal actors are stepping up. State attorneys general and antitrust enforcers are mounting unprecedented challenges to climate alliances and DEI programmes. Meanwhile, global legal divergence complicates compliance for multinational firms. In this second installment, we examine these emerging battlegrounds and offer actionable steps to fortify ESG strategies in uncertain times.”<a href="https://www.iflr.com/article/2f2x3r03mqokm9m0dpkao/esg/navigating-the-anti-esg-backlash-antitrust-state-attorneys-general-and-global-divergence" target="_blank">Read the full article</a> (subscription required).Read part one in this article series, <a href="/resources/insights/250819-navigating-the-anti-esg-backlash-rising-legal-risks" target="_self">“Navigating the Anti-ESG Backlash: Rising Legal Risks in a Politicised Climate”</a>.

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Takahiro Nonaka is a partner of Morrison Foerster Law Offices. He focuses his practice on government and internal investigations, including anti-corruption, antitrust, employee misconduct, and data privacy issues. He also works on both cross-border dispute resolution and domestic general commercial litigation.He has represented multinational companies in their negotiations with government officials, mass media, and other associated investigative agencies. His work also includes conducting internal investigations and training, researching relevant regulations and guidelines, and drafting internal codes and policies.He has worked with many multinational companies on U.S. antitrust law and Foreign Corrupt Practices Act (FCPA) matters, data privacy issues in the EU and other jurisdictions, and cross-border disputes, particularly related to tort claims and product liability in Japan and the United States, collaborating with counsel in each jurisdiction. His practice also focuses on domestic general commercial litigation, including system development contracts, real estate lease agreements, and various types of labor disputes. In addition, he regularly advises clients on employment, trade and export control compliance issues, and business criminal defense matters.Taka began his career as a judge, serving in district courts in Japan for almost 10 years. He was seconded to a multinational auto company, where he handled labor matters and trained factory workers. He also held a two-year diplomatic secondment role at the Japan Embassy in Washington, D.C., where he served as an advisor on issues relating to export controls, competition laws, and FCPA enforcement affecting Japanese companies.Taka was recommended by Who’s Who Legal Japan for Business Crime Defense & Investigations, by Best Lawyers in Japan for Privacy and Data Security Law since 2021, and by The Legal 500 Asia Pacific for Japan: Antitrust and Competition in 2023.He has often been invited to speak at seminars held by outside organizations and internally with MoFo partners from other offices. Recently, he participated in a presentation on topics relating to anti-corruption and overseas bribery at a seminar sponsored by the Global Compact Network Japan Anti-Corruption Subcommittee in November 2022. He also provided presentations on information security issues at the Association of Niigata Information Security and at an Asian Investigation Seminar held with KL Discovery.Taka has been an adjunct professor of International Dispute Resolution at the Graduate School of Law at the Hitotsubashi University since September 2018. He is a bengoshi registered with the Daini Tokyo Bar Association. He is a native speaker of Japanese and is fluent in English.