News & Analysis as of

Environmental Social & Governance (ESG) BlackRock

Cooley LLP

BlackRock’s Latest Stewardship Report: 11% of Shareholder Proposals Supported Last Year

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Recently, BlackRock released its “2024 Investment Stewardship Annual Report” – here’s a 25-page executive summary. Here are six lessons learned – although note this is all about last year; not the latest proxy season...more

Wilson Sonsini Goodrich & Rosati

[Webinar] A Shift in ESG: Navigating Environmental and Social Issues Under the New Administration - A Three-Part Series - March...

Under the new administration, several shifts in E&S have impacted public companies across a number of different practice areas. In light of these developments, companies are taking a wide array of approaches to disclosure,...more

BCLP

Pullback on Consideration of Board Diversity by ISS, BlackRock and Vanguard

BCLP on

Citing recent DEI developments in the U.S., ISS released its Statement on Diversity Factors in Director Elections on February 11, 2025 announcing that it will “indefinitely halt consideration of certain diversity factors in...more

Paul Hastings LLP

Federal Court Determines American Airlines, Inc., 401(k) Plan Fiduciaries Breached Their ERISA Fiduciary Duty of Loyalty to...

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On January 10th, the United States District Court for the Northern District of Texas (the court) ruled that American Airlines, Inc. (American) and the American Airlines Employee Benefits Committee (together, the Defendants)...more

Jackson Walker

Texas District Court’s Decision in 401(k) Case Has Wide-Ranging Implications for Plan Fiduciaries

Jackson Walker on

On January 10, 2025, the U.S. District Court for the Northern District of Texas issued an opinion in Spence v. Am. Airlines, Inc. (N.D. Tex. Jan. 10, 2025) holding that fiduciaries of two American Airlines 401(k) plans...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Akin Gump Strauss Hauer & Feld LLP

ISS, Glass Lewis and BlackRock Issue 2025 Voting Guidelines

As companies begin preparing for the 2025 proxy season, Institutional Shareholder Services Inc. (ISS) and Glass Lewis, the leading providers of corporate governance solutions and proxy advisory services, recently issued...more

Miller Canfield

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

Miller Canfield on

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

Mintz

Federal Court Rules ESG-Guided Investing of 401(k) Plan Is a Breach of Fiduciary Duty

Mintz on

Following a bench trial, Judge O'Connor (N.D. Tex.) held that “that Defendants breached their fiduciary duty by failing to loyally act solely in the retirement plan's best financial interests by allowing their corporate...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

Ropes & Gray LLP

State ESG Update and Analysis for Asset Managers and Financial Institutions

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As we discussed in our white paper “ESG and Public Pension Investing in 2023: A Year-to-Date Recap and Analysis”, there was a surge in legislative activity in 2023 among red states curtailing the use of environmental, social...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

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - April 2024

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Cozen O'Connor

GOP AGs Tell BlackRock to be Bo(u)lder With Its Conflicts Oversight

Cozen O'Connor on

A group of 15 Republican AGs sent a letter to BlackRock, Inc.’s fund directors (collectively, “BlackRock”) reiterating concerns as to whether the investment adviser has sufficiently investigated its ESG policies and potential...more

Cozen O'Connor

Barclays Suspended from Texas Bond Market Over Lack of ESG Explanation

Cozen O'Connor on

Texas AG Ken Paxton announced that, “until further notice,” Barclays is no longer permitted to purchase or underwrite public securities, or otherwise be a party to a covered contract relating to the public security, after...more

Cozen O'Connor

AG Skrmetti Sues BlackRock over ESG Investment Strategies

Cozen O'Connor on

Tennessee AG Jonathan Skrmetti filed a lawsuit against BlackRock, Inc. that accuses the world’s largest asset manager of violating state consumer protection laws by making false and misleading representations to consumers...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

Vinson & Elkins LLP

Vinson & Elkins' Quarterly Securities & ESG Updates - Fall 2023

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Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where...more

Cadwalader, Wickersham & Taft LLP

Non-Profit Targets U.S.-Based Bank’s ESG Investment Strategies

Consumers’ Research, a nonprofit organization claiming to challenge “companies that have chosen to put woke politics above consumer interests,” announced in June 2023 that it was launching a publicity campaign against a...more

Vinson & Elkins LLP

ESG: Balancing Priorities at the Leadership Level

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On July 12, 2023, Vinson & Elkins counsel Jon Solorzano, former Senior Director, Legal and Corporate Development for The Clorox Company, joined Pam Cone of Amity Advisory for “ESG: Balancing Priorities at the Leadership...more

Cozen O'Connor

Republicans Target Mutual Fund Directors in Latest ESG Probe

Cozen O'Connor on

15 Republican AGs wrote a letter to ten mutual fund directors who helm funds for which BlackRock, Inc. serves as an investment adviser, requesting information regarding potential conflicts of interest and ESG investments....more

Latham & Watkins LLP

BlackRock 2022 Letter to CEOs Highlights the Importance of Sustainability

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The world’s largest asset manager stressed that sustainability issues will continue to be fundamental to companies’ long-term economic outlook. On 17 January 2022, Larry Fink, the founder and chief executive of...more

Troutman Pepper Locke

Putting the "S" in ESG: Investors Place Increased Responsibility on Employers to Foster Diversity and Positive Corporate Culture

Troutman Pepper Locke on

ESG — or Environmental, Social, and Governance — refers to a wide range of considerations that impact a company’s performance, both in the public markets and within its internal culture. In the wake of the #MeToo and Black...more

Foley Hoag LLP - Environmental Law

Will More Money Managers Start Voting Shares Based on Climate Issues? Fidelity International Gets in the Game

In the wake of Engine No.1’s successful effort to elect more climate-friendly directors at Exxon and the increasingly aggressive action by BlackRock to take climate into account in its investment management decisions, the...more

Cooley LLP

Blog: BlackRock flexes its muscles during the 2020-21 proxy period

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Although BlackRock, which manages assets valued at over $9 trillion, and its CEO, Laurence Fink, have long played an outsized role in promoting corporate sustainability and social responsibility, BlackRock has also long been...more

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