Clients: How Risky Is a Shift in Your ESG Approach?
Attention to ESG has become political. Some states with conservative administrations have taken steps to inhibit attention to ESG by, among other things, precluding investment of state employee pensions in certain funds or with certain fund managers who have increased their emphasis on ESG as an investment criterion.
November 10, 2022 at 01:52 PM
7 minute read
For some years now, many businesses have attended carefully to their performance on environmental, social, and governance dimensions. Some investment banks have established funds composed of securities issued only by companies with suitable ESG performance. Some institutional investors, like pension funds, have insisted that their portfolio only include stock in corporations with high ESG ratings. That, of course, has led corporations to look for ways meet that investor demand.
The theory behind attention to ESG—like the theory behind attention to "sustainability" of the past several decades—is that conventional financial accounting gives short shrift to risks and opportunities posed by long-run environmental, social, and governance issues, often treating them as externalities. Using conventional measures, a business may not be able to account currently for longer run risks of climate change and greenhouse gas regulation, cleanup liability for presently unregulated chemicals it uses, disruptions due to social inequities in its labor force or communities, and the like. Accordingly, so the theory goes, measuring and reporting performance on those sorts of dimensions has value to management, to investors, to employees, to customers and to other stakeholders.
This content has been archived.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
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNeighboring States Have Either Passed or Proposed Climate Superfund Laws—Is Pennsylvania Next?
7 minute readNo Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under 'Act 2'—Does That Matter?
7 minute readNJDEP Proposes Changes to Hazardous Substance Discharge Reporting Rules
7 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250