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American Airlines

Troutman Pepper Locke

Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged "ESG Investing" Without Any ESG Funds

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On January 10, 2025, in Spence v. American Airlines, a federal district court in Texas ruled that American Airlines (the company) and the committee overseeing its 401(k) plans (the committee) breached their duty of loyalty...more

Eversheds Sutherland (US) LLP

Benefits Catch-Up - Q1 2025

With so much happening in the employee benefits world over the last few months, we bring you Benefits Catch-Up, our catch-up contribution to help you keep up with recent developments. Eversheds Sutherland’s US Employee...more

Fenwick & West LLP

Judge Finds American Airlines Breached its Fiduciary Duty of Loyalty by Allowing Investment Manager to Prioritize ESG Goals with...

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On January 10, 2025, the U.S. District Court for the Northern District of Texas found that American Airlines and its employee benefit committee (EBC) breached their fiduciary duty of loyalty under the Employee Retirement...more

Proskauer - Employee Benefits & Executive...

401(k) Plan Fiduciaries Breached ERISA’s Duty of Loyalty By Allowing ESG Interests To Influence Management Of The Plan

Last week, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas, issued the first-of-its-kind ruling on the merits pertaining to environmental, social, and corporate governance (“ESG”) investing...more

Miller Canfield

American Airlines Breaches Fiduciary Duty of Loyalty with BlackRock ESG Funds in 401(k) Plans

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Whether, and the extent to which, a plan fiduciary can consider nonpecuniary environmental, social and governance (“ESG”) objectives in selecting plan investments has been a hot-button issue for many years, with the view on...more

Foster Garvey PC

2024 in Review: Key Highlights from Online Travel Updates

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Good Sunday morning and Happy New Year!! We are again providing a roundup of a few of the stories that we feel made the biggest impact in the online travel industry over this past year (and continuing into this year). ...more

Goodwin

Minding the Store: Unanticipated ESG Issues Affecting ERISA Fiduciary Supervision

Goodwin on

A recent summary judgment decision from the U.S. District Court for the Northern District of Texas in an ERISA (Employee Retirement Income Security Act) class action challenging the alleged impact of environmental, social,...more

Mayer Brown

Northern District of Texas Expands Fiduciary Exposure by Permitting ESG Proxy Voting Theory to Go to Trial

Mayer Brown on

Case Name and Number: Spence v. American Airlines, Inc., et al., No. 4:23-cv-00552 - INTRODUCTION - On June 20, 2024, Judge Reed O’Connor in the Northern District of Texas (the “court”) denied a motion for summary...more

Foster Garvey PC

Online Travel Update: American Airlines Softens Distribution Strategy, OTA Marketing Spend Surges

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American Airlines’ decision to soften its approach on distribution with travel agents and advisors garnered most of the industry’s attention this week. Otherwise, the holiday week for many was relatively quiet. Enjoy....more

ArentFox Schiff

ESG Update: Two Court Decisions Highlight the Importance of the “G” in “ESG”

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ESG stands for “environmental, social, and governance.” Though often overlooked, two recent cases — Spence v. American Airlines and Exxon v. Arjuna Capital, LLC — focus on G’s place in the ESG initialism. Here, we break...more

Foster Garvey PC

Online Travel Industry Updates: Key Interviews, Airline Policy Changes and New Travel Platform Launches

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This week’s Update features a variety of stories, including interviews with two of the online travel industries major influencers, Ariane Goren of Expedia and Drew Pinto of Marriott. I hope you enjoy....more

Foster Garvey PC

Global OTA Scrutiny and Airline Distribution Battles: This Week in Online Travel

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This week’s Update features a variety of topics, including Italy’s newly announced investigation of Booking.com, American’s ongoing battle with ASTA and Qantas’ new TMC portal...more

Mayer Brown

Decision Alert: Northern District of Texas Expands Fiduciary Liability To Cover Non-ESG Fund Managers’ ESG-Related Conduct

Mayer Brown on

Case Name and Number: Spence v. American Airlines, Inc., et al., No. 4:23-cv-00552 - Introduction - On February 21, 2024, Judge Reed O’Connor in the Northern District of Texas (the “Court”) denied a motion to dismiss an...more

ArentFox Schiff

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

ArentFox Schiff on

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more

Foster Garvey PC

Online Travel Update: Trip.com Soars with Strong Q4 and Yearly Results, Booking Holdings Releases Earnings and Legal Updates

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Booking Holdings’ recent earnings release garnered much of the industry’s attention this past week for a variety of reasons, including legal. It will be interesting to watch how important changes to the legal landscape affect...more

Foster Garvey PC

Online Travel Update: American Airlines Shifts Bookings Online, Hilton Settles "Junk Fee" Dispute and More

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This week’s Update features a variety of stories, including updates on airlines’ continuing efforts to move away from traditional distribution systems (GDS) and a review of 2023’s booking trends. For those of you interested,...more

Foster Garvey PC

Online Travel Update: OTA Marketing Shift, Google's DMA and Wholesaler Woes Unveiled

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With many in the industry getting their first look at Google’s proposed “DMA” changes to European Union search results, many of this past week’s industry headlines were focused on the proposed changes and the industry’s...more

Foster Garvey PC

AI in Travel, Resort Fee Legal Battles, and Booking Holdings' ETraveli Appeal: This Week's Online Travel Update

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This past week was dominated by stories regarding AI’s application and use in the travel industry (we’ve included only one of those stories) and recent activity on resort fees (two stories this week). Some highlights...more

Foster Garvey PC

Earnings Reports Reveal Surge for Expedia and Booking, While Google's Trial and IHG Innovations Make Waves in Travel - Online...

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It is earnings season, which makes for a longer Update than usual: - Expedia Enjoys Strong Third Quarter Results. While I am still working my way through the recent Expedia Group earnings call transcript, news of the...more

Cadwalader, Wickersham & Taft LLP

American Airlines Moves to Dismiss Suit Challenging Inclusion of ESG Funds in Retirement Plan

In August 2023, American Airlines, Inc. moved to dismiss a class action lawsuit filed against the airline for allegedly jeopardizing employees’ retirement savings by investing in environmental, social and governance (ESG)...more

Foster Garvey PC

Online Travel Update: Hyatt's Resort Fee Battle and Amazon's Climb in the Travel Realm

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This week’s Update features a variety of stories, including the latest news on the new cottage industry of resort fee litigation and Amazon’s growing (yet understated) significance in the travel industry. Enjoy....more

Foley & Lardner LLP

JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

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The U.S. District Court for the District of Massachusetts recently issued a long-anticipated ruling in an antitrust challenge to the so-called Northeast Alliance, or NEA, between American Airlines Group Inc. and JetBlue...more

Vinson & Elkins LLP

Massachusetts Federal Judge Finds That Joint Venture Between American Airlines and JetBlue Serving the Northeast Violates...

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On Friday May 19, 2023, Massachusetts Federal District Judge Leo T. Sorokin found that the partnership between JetBlue and American Airlines (“American”), known as the “Northeast Alliance” or “NEA,” harmed competition in the...more

Foster Garvey PC

Online Travel Update: AirBNB Summer Update & Evolutions, EU Gatekeeper Process Begins, American Airlines Cracks Down on...

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Our weekly Online Travel Update for the week ending Friday, May 5, 2023, is below. We hope you enjoy...more

Foster Garvey PC

Online Travel Update: New Federal Legislation Targets Junk Fees, Booking.com Redesigns Search Results with AI, American Airlines...

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This week’s Update features an important update from my partner Eryn Hoerster on recently proposed federal legislation designed to reign in alleged drip pricing abuses. Readers of our Update know that we’ve featured several...more

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