News & Analysis as of

Corporate Governance State Attorneys General

Cozen O'Connor

Missouri AG Investigates Proxy Advisors Over ESG and DEI Practices

Cozen O'Connor on

Missouri AG Andrew Bailey announced that his office is investigating and has filed parallel lawsuits against Glass, Lewis & Co. (“Glass Lewis”) and Institutional Shareholder Services (“ISS”), two major corporate proxy...more

Thomas Fox - Compliance Evangelist

Great Women in Compliance: Exploring the Future of Compliance - Key Takeaways from Compliance Week 2025

In this episode of Great Women in Compliance, we have a very special episode. Tom Fox joins Lisa Fine, Ellen Hunt and Hemma Lomax for our annual GWIC/FCPA Compliance Report cross-post podcast. We recorded this at Compliance...more

NAVEX

California Reminds Businesses Bribery is Illegal – Why Other States Should Follow Suit

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On February 10, 2025, President Trump issued an  executive order pausing federal enforcement over the U.S. Foreign Corrupt Practices Act by ordering the U.S. Attorney General to “cease initiation of any new FCPA...more

Husch Blackwell LLP

State Attorneys General May Step Up Foreign Anti-Corruption Enforcement Efforts Following Federal Enforcement Pause

Husch Blackwell LLP on

For decades Foreign Corrupt Practices Act (FCPA) enforcement has been largely considered a federal matter, with the U.S. Department of Justice (DOJ) enforcing the statute’s criminal provisions.[1] Enacted in 1977, FCPA...more

Alston & Bird

Sustainability Spotlight | Q4 2024

Alston & Bird on

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This...more

ArentFox Schiff

California Attorney General Warns That FCPA Violations Are Actionable Under the State’s Unfair Competition Law

ArentFox Schiff on

On April 2, California Attorney General (AG) Rob Bonta issued an alert reminding businesses operating in California that it is illegal to violate the Foreign Corrupt Practices Act (FCPA)....more

Skadden, Arps, Slate, Meagher & Flom LLP

California Attorney General Warns That FCPA Violations Are Still Actionable Under State Law

Key Points -- - The FCPA remains valid and enforceable U.S. law, and violations of the law may serve as a predicate offense under state and local laws. - Companies should be prepared for continued enforcement of...more

Cozen O'Connor

Minnesota’s Win Turns Up the Heat in Climate Change Litigation

Cozen O'Connor on

Minnesota AG Keith Ellison has obtained an order denying in large part motions to dismiss filed by defendants ExxonMobil Corp., the American Petroleum Institute, Koch Industries, Inc., Flint Hills Resources LP, and Flint...more

Husch Blackwell LLP

California Legislature Takes Another Swing at Private Equity Participation in Healthcare

Husch Blackwell LLP on

Last fall, private equity and hedge fund investors were given a reprieve from the prospect of increased oversight of healthcare transactions when California Governor Gavin Newsom unexpectedly vetoed Assembly Bill 3129 (AB...more

Venable LLP

New York Court Dismisses Suit Against JBS but Allows Attorney General to File Amended Complaint

Venable LLP on

Environmental claims are a powerful tool for companies to demonstrate their commitment to sustainability and connect with values-driven consumers. However, these claims are facing increased legal scrutiny, as governments and...more

Cozen O'Connor

Republican AGs Warn Financial Institutions that DEI and ESG Policies May Risk Enforcement Action

Cozen O'Connor on

A group of 11 Republican AGs announced that they have sent letters to multiple financial institutions (collectively, “Financial Institutions”) warning that the companies’ diversity, equity, and inclusion (DEI) and...more

Vinson & Elkins LLP

ESG in 2025: What to Expect in Trump 2.0

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With Trump’s impending inauguration, significant shifts in Environmental, Social, and Governance (ESG) policies domestically are expected, as is the overall cultural and corporate mood for ESG. Companies can anticipate a...more

Venable LLP

Highlights of the 2023 NAAG/NASCO Annual Conference

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The National Association of Attorneys General (NAAG), in conjunction with the National Association of State Charity Officials (NASCO), hosted its annual conference to discuss the state of charities and a variety of issues...more

Venable LLP

Dueling Over Diversity: Republican and Democratic AG Letters Highlight the Divide Over Corporate Diversity Initiatives

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While the Supreme Court's recent decision in Students for Fair Admissions v. President and Fellows of Harvard College was explicitly limited to the educational setting, its prohibition of race-based affirmative action...more

Jenner & Block

Client Alert: Antitrust and ESG—How to Stay Ahead of the Game

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On May 15, 2023, 22 state attorneys general sent a letter to several insurance companies warning that the companies’ Environmental, Social, and Governance (ESG) policies may violate the antitrust laws. Just six weeks earlier,...more

McGuireWoods LLP

State Attorneys General Activity on the Rise

McGuireWoods LLP on

State attorneys general (AGs) increasingly are scrutinizing the actions of private-sector businesses on a variety of topics, from environmental, social and governance (ESG) policies, to resolutions about guns, abortion and...more

Latham & Watkins LLP

ESG Initiatives Face Increased Pressure From Potential Antitrust Challenges

Latham & Watkins LLP on

A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. Key Points: ..ESG investing initiatives are not...more

Nutter McClennen & Fish LLP

Board Members of Charitable Organizations: Take Note of New Guidance From the Massachusetts Attorney General

As 2022 came to a close along with Governor-Elect Healey’s term as Attorney General of Massachusetts, the Office of the Attorney General published an updated Guide for Board Members of Charitable Organizations (the “Guide”)....more

Farrell Fritz, P.C.

New York Judge Spares NRA “Corporate Death Penalty”

Farrell Fritz, P.C. on

The National Rifle Association has long been a politically charged topic for its fans and critics. For those of you more interested in the politics of the NRA’s ongoing battle with New York’s Attorney General Letitia James,...more

Cozen O'Connor

Diversity or Discrimination? Amicus Brief Argues Against Nasdaq’s Board Diversity Rule

Cozen O'Connor on

A group of 17 Republican AGs, led by Arizona AG Mark Brnovich, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit in Alliance for Fair Board Recruitment v. SEC, No. 21-60626, in support of a challenge to...more

Cozen O'Connor

12 Democrat AGs Urge SEC To Require Companies Disclose Financial Risk From Climate Change

Cozen O'Connor on

12 Democrat AGs, led by California AG Rob Bonta, submitted a comment letter to the U.S. Securities and Exchange Commission (“SEC”) urging it to require U.S. companies to disclose financial risks faced by climate change, in...more

Nutter McClennen & Fish LLP

Key Massachusetts Legislation and Administrative Guidance to Help Massachusetts Nonprofits Navigate the Pandemic

Massachusetts nonprofit organizations should take note of three actions taken by Massachusetts governmental bodies in April 2020 to assist them in operating during the current COVID-19 pandemic and beyond. These actions...more

Bennett Jones LLP

ExxonMobil Wins Climate Change Securities Battle Against New York but the War Continues

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More than four years of contentious litigation concluded this month when the Supreme Court of the State of New York released its judgment in the People of the State of New York v Exxon Mobil Corporation. The Court found...more

Bennett Jones LLP

Summary of Actions Against Exxon Mobil for Securities Fraud

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Since 2013, investors in Exxon Mobil Corporation ("Exxon") stock have consistently shown an interest in understanding how the effects of climate change will impact their investment. Over the years, in response to these...more

McDermott Will & Emery

Corporate Law & Governance Update - September 2018

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College Football and Corporate Governance - The recently released internal investigation report on the Ohio State football program provides an interesting window into the oversight of workforce culture issues involving...more

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