In recent years, companies and their boards have increasingly focused on environmental, social, and governance initiatives that measure non-financial corporate performance of corporate social impacts. In the past year, we have seen a swing in the pendulum, with heightened scrutiny of—and in some cases outright opposition to—ESG initiatives.

A wave of “conservative” political lawsuits and advocacy campaigns seeking to advance “anti-ESG” or “anti-woke” themes have resulted in certain companies de-emphasizing disclosure of their ESG initiatives. These efforts have been less successful to date in court. Similar to the decisions reached in lawsuits seeking to force adoption of ESG initiatives, the courts have viewed such “anti-ESG” legal challenges with reluctance, finding no basis to interfere with the business judgment of corporate directors and managers.

ESG Litigation Backdrop

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]