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ESG Update: Corporate Directors May Be Obligated to Assess Political Risk

Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by corporations, their advisors, and their stakeholders....more

ESG Update: Political Pressure and Courts Roll Back Corporate ESG Efforts

The second Trump presidency has arrived. With it – and particularly the Trump Administration’s push back on diversity, equity, and inclusion (DEI) programming at many levels – many organizations are under increased pressure...more

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

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

Government-Involved ESG Litigation

As we move into 2024, environmental, social, and governance (ESG) concepts continue to feature prominently in policy debates. While ESG still drives policy, the last year has seen “ESG” factors recast from being perceived as...more

Meeting New Challenges: Environmental, Energy, and ESG Issues to Watch in 2024

The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to...more

New Federal Climate Change Guidance for Large Banks Outlines Risk Management Framework

On October 24, US banking regulators, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation (the “agencies”), issued long-awaited guidance...more

How ESG is Taking Women’s Soccer to the Next Level

The 2023 FIFA Women’s World Cup in Australia and New Zealand turned out to be one of the most exciting yet, despite the unexpectedly early exit by the US Women’s National Team (USWNT). It is apparent that other national...more

ESG Update: The New ISSB Standards Focus on Financial Materiality

The International Sustainability Standards Board (ISSB) standards have joined the climate-disclosure reporting frameworks that take a financial materiality-led approach. While the ISSB standards seek to streamline reporting...more

ESG Update: Greenwashing Litigation Filed over Airline’s Carbon Neutrality Claims

A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major...more

ESG and Environmental Justice

What buzzwords define the environmental space in the past two years? Both “ESG” and “environmental justice” (EJ) are strong contenders. This post outlines how these concepts relate and provides guidance as to how companies...more

ESG Litigation Update: Climate- and Carbon-Focused Litigation

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue....more

Hospitality Trends: 10 Legal Challenges for Companies in 2023

With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023. 1. Potential Down Market Pressures. Interest rate increases are...more

FTC Launches Review of "Green Guides"

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes...more

Ten Environmental and Energy Issues to Watch in 2023

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

ESG and Sustainability Litigation as Vehicles to Compel Environmental Policy Change

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly...more

Massachusetts Supreme Court Permits Climate Related Action by Massachusetts State AG to Move Forward

Massachusetts highest court upheld a state trial court’s decision which allowed a closely watched climate-disclosure related challenge filed by Massachusetts Attorney General Maura Healey against ExxonMobil (Exxon) to proceed...more

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