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Environmental Social & Governance (ESG) Antitrust Violations

Vinson & Elkins LLP

Navigating Antitrust Compliance: A Q&A with Vinson & Elkins’ Antitrust and Enforcement Leaders

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At a recent Practising Law Institute (PLI) webinar on antitrust, over 250 legal professionals joined to hear from three antitrust leaders: Nicole Castle, Zach Terwilliger, and Craig Seebald. In this Q&A, they explore what’s...more

Cooley LLP

Antitrust Scrutiny of the ‘Big Three’ Asset Managers’ ESG Policies Heats Up

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As noted in this WSJ article, the Department of Justice and Federal Trade Commission recently raised concerns in a “joint statement of interest” that large asset managers – including the “Big Three” of BlackRock, Vanguard and...more

Hogan Lovells

FTC and DOJ support Republican State Attorneys General in antitrust case targeting corporate ESG initiatives

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The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large...more

Axinn, Veltrop & Harkrider LLP

The Texas v. Blackrock ESG Case: The FTC and DOJ Have Entered the Chat

On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In...more

Mintz

Trump Administration Files Statement of Interest Supporting State AG Action Against Asset Managers Accused of ESG-related...

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Last week, the Trump Administration's FTC and DOJ (Antitrust Division) filed a statement of interest in support of a lawsuit filed last November by eleven Republican state attorneys-general against three major asset managers...more

Akerman LLP

Antitrust Concerns About ESG Investing Are Not Going Away

Akerman LLP on

For the last several years, investor activism to further environmental, social, and governance (ESG) goals has faced significant antitrust scrutiny in the United States. This scrutiny reached a new level in June 2024 when the...more

Morgan Lewis

ESG Investing Update: Trends in Legislation, Litigation, and Market Response

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Environmental, social, and governance (ESG) investing has continued to be the subject of increasing regulatory, legislative, and litigation scrutiny. The scrutiny has accelerated following the results of the 2024 US federal...more

Morgan Lewis

State Attorneys General Step Up Antitrust Enforcement

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State attorneys general are playing an increasingly prominent role in shaping the antitrust enforcement landscape in the United States. With a combination of expanded authority, increased funding, strategic collaboration, and...more

Cozen O'Connor

Florida Investigates Proxy Advisors Over DEI and ESG Investing Policies

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Florida AG James Uthmeier announced an investigation into whether proxy advising companies Glass Lewis & Co. and Institutional Shareholder Services Inc. may have misrepresented their diversity, equity, and inclusion (DEI) and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Trump 2.0 Antitrust Policy Is Likely To Be More Predictable but Not Lax

Key Points - Strong antitrust enforcement is expected to continue, but without the use of the novel and untested legal theories that defined the Biden administration approach. - Regulators are likely to continue to focus...more

Wilson Sonsini Goodrich & Rosati

2025 Year in Preview: Trends and Key Decisions in Global Cartel Enforcement

Looking ahead in 2025, we expect antitrust agencies in the U.S. and abroad to continue to prioritize enforcement against cartel conduct, which can be prosecuted criminally in the U.S. The agencies will not only continue to...more

Cohen & Gresser LLP

Battle Over ESG Investment Standards Intensifies

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Eleven attorneys general sue asset managers, alleging ESG investment standards raise coal prices and violate antitrust laws - The ideological battle over the role of Environmental, Social and Governance (ESG) investment...more

Mintz

Eleven States Sue Asset Managers for Alleged ESG Antitrust Violations

Mintz on

The day before Thanksgiving, eleven Republican state attorneys-general (representing Texas, Alabama, Arkansas, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, West Virginia and Wyoming) filed a lawsuit against three...more

Faegre Drinker Biddle & Reath LLP

Scrutiny of ESG and Sustainability Initiatives Under Antitrust Laws

The intersection between antitrust and environmental, social, and governance (ESG) initiatives continues to draw attention from regulators and lawmakers. While unilaterally and independently adopted ESG and sustainability...more

BakerHostetler

Update on Antitrust Enforcement and ESG Initiatives

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Last year, we wrote about the potential antitrust liability companies might face from participating in organizations seeking to advance environmental, social and governance (known as ESG) goals....more

ArentFox Schiff

ESG Update: Congress Questions Whether ESG-Related Coalitions Violate Antitrust Laws

ArentFox Schiff on

Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb...more

Morgan Lewis

Climate Risks and Antitrust: The Policy and Politics of ESG Collaborations

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Hotly contested across party lines—and often borders—environmental, social, and governance (ESG) standards were the focus of recent dueling reports by the US House Judiciary Committee. Despite the deepening debate, what...more

Foley Hoag LLP - White Collar Law &...

Tennessee v. BlackRock: How this Case Informs How We Look Back and Look Ahead at ESG

This is the final post in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... Politicians in Republican-led states have painted a target on environmental,...more

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

Jones Day

The Rise of US-Style Class Actions in the UK and Europe

Jones Day on

Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more

Mintz

House Republicans Issue Letters to Major Asset Managers Concerning Potential Antitrust Violations Allegedly Caused by ESG Policies

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This week, Congressmen Jim Jordan (R-OH), Thomas Massie (R-KY), and Dan Bishop (R-NC), sent a letter on behalf of the House Committee on the Judiciary to three major asset managers and two non-profit organizations (the...more

Vinson & Elkins LLP

Balancing ESG Initiatives and Antitrust Risk

Vinson & Elkins LLP on

Companies face a difficult choice between taking heed of growing anti-ESG voices while continuing to meet investor and shareholder demands. For several years, companies have come under intense pressure from their boards,...more

ArentFox Schiff

ESG Litigation Update: Antitrust Claims

ArentFox Schiff on

Environment, social, and governance (ESG) considerations related to investment and corporate governance have made front-page news in recent months, as US elected officials debate whether industry-related ESG practices may...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Year-End Edition 2022

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In 2022, antitrust authorities around the world were pursuing more investigations, bringing new types of cases, and making policy changes to spark even more enforcement actions. In the United States, the Department of...more

Pillsbury Winthrop Shaw Pittman LLP

Congressional and Government Investigations in 2023: What to Expect from the New Congress

As the 118th Congress prepares to take office, those who may be targets of a new congressional agenda emphasizing government investigations should assess and address their vulnerabilities. Top industry targets for...more

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