News & Analysis as of

Environmental Social & Governance (ESG) Appeals

Proskauer - Regulatory & Compliance

SEC Voluntarily Stays Corporate ESG Disclosure Rules Pending Litigation           

Yesterday, the SEC voluntarily stayed its new ESG disclosure rules for public companies pending the outcome of several lawsuits that have been filed, which are now consolidated in the 8th Circuit US Court of Appeals. We...more

Keating Muething & Klekamp PLL

New SEC Climate Disclosure Rules – Temporarily Stayed

On March 15, 2024, the U.S. Court of Appeals for the Fifth Circuit issued a stay of the Securities and Exchange Commission’s new climate-disclosure rules, which were adopted March 6. The three-judge panel granted the requests...more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

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Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

Foley Hoag LLP - Energy & Climate Counsel

Federal Court of Appeals Stays SEC Climate Rule

On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC’s new rules regarding climate-related disclosures for investors, which we covered...more

Bracewell LLP

Generic ESG Statements and Securities Class Actions: Goldman Sachs Secures Second Circuit Victory in Long-Running Class...

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A three-judge panel for the US Court of Appeals for the Second Circuit reversed a district court’s class certification in the decade-long Arkansas Teacher Retirement System v. Goldman Sachs Group litigation regarding...more

Skadden, Arps, Slate, Meagher & Flom LLP

En Banc Panel of Ninth Circuit Enforces Forum Selection Clause To Dismiss Derivative Securities Claims, Confirming Circuit Split

On June 1, 2023, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a much-anticipated decision in Lee v. Fisher, No. 21-15923, enforcing a forum selection clause in Gap Inc.’s corporate bylaws that...more

Proskauer - Employee Benefits & Executive...

Latest ERISA Developments on the IRA Rollover Fiduciary Rules, the DOL’s QPAM Exemption Amendment Proposal and the DOL’s ESG Rules

In addition to the excitement of the upcoming outdoor concert season, Proskauer’s lawyers are anxiously awaiting VERY different forms of entertainment: the next installment of the never-ending saga of U.S. Department of...more

ArentFox Schiff

ESG Litigation Update: States’ Challenge to Department of Labor Investment Duties Rule Will Remain in Amarillo

ArentFox Schiff on

The past year has seen a new star become fixed in the judicial firmament. The US District Court for the Northern District of Texas, Amarillo Division, has found new prominence, most recently retaining a challenge 26 states...more

Dechert LLP

Directors Beware: The Climate is Changing with ESG Claims on the Rise

Dechert LLP on

There is a growing trend of shareholders and other stakeholders using litigation to hold companies and their directors accountable regarding ESG issues. Shareholder activists and other stakeholders are using the courts in...more

Snell & Wilmer

California’s Board and Ethnic Diversity Statutes Declared Unconstitutional

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In a ruling on April 1, 2022, a Superior Court in the County of Los Angeles invalidated Assembly Bill 979 (“AB 979”), a California bill requiring increased diversity on public company boards, which was signed into law by...more

Foley Hoag LLP - State AG Insights

Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations

On March 15, 2020, the Second Circuit rejected an appeal brought by ExxonMobil attempting to block investigations by the New York and Massachusetts Attorneys General into historical claims made by Exxon regarding climate...more

Goodwin

ERISA Litigation Update - April 2021

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Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

BCLP

Claims for overseas environmental harm and human rights infringements proceed in England against UK parent companies

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Last month, the UK Supreme Court overturned the judgment of the Court of Appeal and allowed a claim for damages from claimants in the Niger Delta to proceed against Royal Dutch Shell plc and its local subsidiary Shell...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

BCLP

Supreme Court affirms in Vedanta a general principles path to hear Zambian environmental claims

BCLP on

The case of Vedanta Resources plc and Konkola Copper Mines plc v Lungowe and others has received a lot of attention in recent years.  In essence, 1,826 Zambian citizens are suing Konkola Copper Mines plc (a public company...more

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