Florida’s attorney general James Uthmeier says “using DEI as an excuse to hire, promote, or humiliate an employee based on race violates Florida’s civil rights law” – as he files a lawsuit against Starbucks with the Tenth Judicial Court.
Florida’s attorney general James Uthmeier says “using DEI as an excuse to hire, promote, or humiliate an employee based on race violates Florida's civil rights law” – as he files a lawsuit against Starbucks with the Tenth Judicial Court.
A group of former federal employees has filed a class action lawsuit alleging they were unlawfully dismissed under executive orders targeting diversity, equity and inclusion and accessibility programmes across the US government.
The executive order names the world’s two biggest proxy advisory firms – both involved in a dispute with the state of Texas and being investigated by the state of Florida – and accuses them of promoting “radical politically-motivated” DEI and ESG agendas.
Recent reforms to fraud and corporate liability law in the UK mean environmental and other ESG failures now carry significantly higher criminal risk for companies. Analysis by Tom McNeill, partner at BCL Solicitors in London.
As Canada’s Teck Resources eyes a US$53 billion tie-up with rival miner Anglo-American, Teck’s former general counsel and chief sustainability officer Charlene Ripley talks to Forward Law Review about her career so far – and the evolution of her understanding of corporate sustainability.
The state of Florida has filed a lawsuit against ISS and Glass Lewis, alleging that they have used their influence and market share to impose an ideological agenda on American companies and Florida retirees – echoing claims made by Texas AG Ken Paxton in a separate investigation of the two proxy advisory firms.
BHP is found liable under Brazilian law for the Fundão dam collapse in a ruling that clarifies parent company responsibility, confirms the claims are in time until at least 2029, and sets out the next steps in the largest ESG-related group action ever brought in England.
Canada’s largest pension fund manager is being sued by four young people – supported by Ecojustice and Goldblatt Partners – who allege that their benefits are at risk of mismanagement because CPP continues to invest in fossil fuel expansion “as the rest of the world pivots to climate solutions”.
SEC chair Paul Atkins says he wants to “de-politicize shareholder meetings and return their focus to voting on director elections and significant corporate matters” – by focusing on whether Rule 14a-8 gives shareholder proposals the right to be heard.
Parliament is considering a bill that would make UK company directors legally accountable for the environmental impact of their decisions. The direction of travel is clear, writes Robert Allen, head of ESG at Simmons & Simmons in London.
At an OECD event Paul Atkins took aim at double materiality in EU sustainability reporting and called on the IASB to remain focused on financial accounting and avoid using standards “as a backdoor to achieve political or social agendas.”
A court in Texas handed down a preliminary injunction on Friday, temporarily blocking the state’s anti-ESG law – which comes into force on 1 September – from applying to the two proxy advisory services while the case proceeds.
At a Simmons & Simmons panel, Holland & Knight partner Meaghan Hembree said that Trump’s ESG rollback is fuelling state-level divergence, regulatory uncertainty and rising litigation – demanding sharper compliance strategies from companies operating in the US.
Hogan Lovells partner Valerie Kenyon and senior associate Olivier Swain in London examine the ESG-focused regulatory challenges faced by data centres operators in the EU and UK.
The Corporate Human Rights and Environmental Due Diligence Bill is the first legislative initiative focusing on human rights and the environment under the new government – which has stated its intention to focus on corporate sustainability.
The DC district court upheld the Securities and Exchange Commission's amendments to Rule 14a-8, which govern shareholder proposals – dismissing the plaintiffs’ claims that they were introduced to inhibit ESG proxy voting.
The United Arab Emirates’ new legislation introduces mandatory emissions reporting, climate risk disclosure and third-party verification requirements, together with fines for non-compliance. Greenpeace calls the new regime “transformative”.
African businesses are likely to be widely affected by new EU corporate disclosure rules on human rights and sustainability, write partner Kate Paterson and associate Sibongile Sibeko at Bowmans in Johannesburg – and may face serious consequences if they fail to act.
The new rule says that proxy advisors can only make recommendations concerning Texas-based companies based on purely financial interests – but Glass Lewis has called it “rushed” and far removed from industry best practice.
Texas comptroller Glenn Hegar said removal from the list – which will lift certain restrictions over BlackRock’s ability to do business with the state – was enabled because the investment management firm “dramatically reduced the number of fund offerings that prohibit investment in oil and gas”.
The rule – which allowed ESG considerations in 401(k) investment plan decisions – will be rescinded in the US Department of Labor’s spring regulatory agenda.
“The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished,” says District Judge Richard Leon as he dismisses the president’s executive order – days after a similar order against Jenner & Block was overturned.
The investment management firm says the latest intervention from the DOJ and FTC in the ESG antitrust case rests on an “absurd theory” that coal companies conspired with their shareholders to reduce coal production.
The European Central Bank says that its policies may be adversely affected by the proposed Omnibus Simplification Package – which, it argues, could significantly limit stakeholders’ access to important information.
“From an employer's perspective, the main issues are going to be toilets, changing facilities, pronouns and data collection,” says Andrew Taggart, partner at Herbert Smith Freehills. He spoke with Forward Law Review about the implications of the controversial decision on gender definition.
“Threatening law firms and lawyers because they have represented or employed political opponents of the Trump administration or have expressed viewpoints disfavored by the administration is a textbook violation of the first amendment,” say 20 US attorneys general in an open letter.
The US Chamber of Commerce complains that the EU Corporate Sustainability Due Diligence Directive will require large US companies to “meet overly prescriptive human rights and environmental due diligence requirements that conflict with US federal and state laws.”
Ed Miliband, the UK’s secretary of state for energy and climate change, will introduce an amendment to ban any solar panels suspected of originating from the Xinjiang province of China.
In a lawsuit aimed at multiple government agencies, the university says “the government’s actions flout not just the first amendment, but also federal laws and regulations.”
A newly formed coalition between the Christian Democrats and the Social Democrats says it supports the European Commission’s Omnibus and will implement the CSDDD in a way that is minimally bureaucratic and easy to enforce.
With the Trump administration continuing its crackdown on corporate and government DEI policies, Jenner & Block partner Lucy Blake explains to Forward Law Review what this means for companies operating in the UK and Europe.
King’s Counsel Caspar Glyn argues that the law in Great Britain prohibits positive discrimination which leads to equality of outcome – but it does allow for different treatment based upon achieving equality of opportunity.
Bart Van Vooren says he intends to act as a bridge between the private sector and the Cali Fund’s governance, as he takes up a role on its steering committee.
Amid volatility, uncertainty, complexity and ambiguity, law firms worldwide must prepare to navigate a complex web of strategic risks, writes Robert F van Beemen, partner at DRB in the Hague and chair of the IBA’s Law Firm Management ESG Subcommittee.
France has rejected US attempts to prevent DEI policies at French companies that operate in the US – whilst the US Federal Communications Commission has opened investigations into hiring practices at Disney and ABC.
“The Constitution, top to bottom, protects against such attempts by the government to target citizens and lawyers based on the opinions they voice, the people with whom they associate, and the clients they represent,” the complaint says – whilst the US president issues an executive order aimed at WilmerHale.
A bipartisan coalition of state AGs led by California attorney general Rob Bonta has published an open letter in support of judicial independence. “President Trump’s recent executive orders seek to break apart the very foundation of the law we practice,” they say.
The European Commission has announced delays of two years for CSRD application and one year for CSDDD transposition and application for large companies – so the EU can compete, it says, in an “unstable and sometimes hostile geopolitical context”.
The document explains how entities should comply with section 54 of the Modern Slavery Act 2015, which requires large businesses to prepare an annual slavery and human trafficking statement.
‘What To Do If You Experience Discrimination Related to DEI at Work’ identifies four main discriminatory actions to aid companies in identifying illegal practices – and invites employees to report any DEI-related discrimination in the workplace.
Luxembourg’s National Commission for Data Protection (CNPD) said on 19 March that its administrative court had dismissed Amazon's appeal against a fine of €746 million.
Companies that integrated ESG teams into complaint responses often engaged more constructively – emphasising long-term reputational and operational benefits over short-term legal risk mitigation, writes Sheri Meyerhoffer, Canada’s former Ombudsperson for Responsible Enterprise.
A US jury decided in favour of Energy Transfer on multiple counts over the 2016 demonstrations. Both organisations will meet later this year in a Dutch court as Greenpeace attempts to block enforcement against its international subsidiary.
The German government has proposed a debt-financed fund of €500 billion euros which will fund infrastructure, defence and progress towards climate neutrality. In doing so it suspended the ‘debt brake’ which limits government borrowing.
The European Commission announced on 19 March a white paper for European defence-readiness by 2030 and an action plan to efficiently decarbonise the steel and metals industry.
Three of the world’s largest investment managers asked a federal court on 17 March to throw out a lawsuit which alleges they are engaged in a conspiracy to manipulate energy prices.
As defence budgets expand, financial institutions and fund managers will need to clarify their approach to defence alongside their ESG commitments, writes Rachel Lowe, special regulatory counsel at Proskauer in London.
The climate action charity has called for feedback on its draft revised Corporate Net-Zero Standard, which introduces tailored requirements based on company size and geography and greater emphasis on procurement and other non-emission metrics.
A letter signed by bar associations around the world says they are “dismayed by the recent actions by the US government targeting legal professionals at both the international and domestic levels, which violate international human rights law and undermine the rule of law.”
The US Equal Employment Opportunity Commission has written to 20 of the world’s biggest law firms demanding information about their DEI employment practices, saying: “No one is above the law – and certainly not the private bar.”
The US Department of Education is looking into potential violations of the 1964 Civil Rights Act caused by colleges offering race-based scholarships and networking opportunities.
“The very goal is to chill future lawyers from representing particular clients,” says Perkins Coie, arguing that the order is retaliation for representing the president’s perceived opponents.
Bill Hagerty calls the EU’s Corporate Sustainability Due Diligence Directive an “affront to US sovereignty” – and proposes legislation that would ban swathes of American companies from complying with it. With comment from Michael Littenberg at Ropes & Gray.
Proposals aimed at boosting diversity and inclusion in UK financial services have been shelved amidst concerns over reporting burdens – although the regulator says “an appropriate focus on diversity and inclusion in the culture of the firms we regulate can deliver improved internal governance, decision-making and risk management.”
“We must rethink ESG mechanisms that often wrongly exclude all defence investment as ‘unethical’” say UK MPs, who argue that ethical labels may be hampering the country’s ability to ramp up defence spending – whilst France also considers restoring its defence industries to ethical investment status.
The US president issued an executive order on 6 March revoking Perkins Coie’s security clearance over claims its representation of Hillary Clinton and DEI policies constitute “egregious activity”.
“Given the First Amendment’s protection of a university’s freedom to determine its own curriculum, and how to deliver it, the constitutional violation behind this threat is clear,” says the dean of Georgetown Law in response to a letter demanding the elimination of all DEI from the school and its curriculum.
The American Bar Association has issued a press statement criticising US government efforts to undermine the courts and the legal profession - after the White House suspended security clearances for two Covington lawyers and FTC commissioners were barred from attending events hosted by the “left-wing and radical” ABA.
The National Center for Public Policy Research (NCPPR) lost its anti-DEI shareholder vote on 25 February. The Apple board had previously advised shareholders to reject it.
The controversial Omnibus Simplification Package introduces a raft of substantial changes to reporting requirements, including a focus on direct business partners only for CSDDD and a two-year reporting postponement for companies currently in the scope of CSRD. With comment from Silke Goldberg, Sarah Ries-Coward and Heike Schmitz at Herbert Smith Freehills.
“Lots of companies want to contribute to biodiversity,” says Bart Van Vooren at Covington, “but the stacking of one benefit-sharing obligation after another has created a complex regime that is difficult to navigate.” First proposed at COP 16, the fund launched this week – but questions remain over how it will work.
The NGO announces its intention to serve ING with a summons on 28 March to force a hearing over the Dutch bank’s oil and gas clients and emissions – but the bank argues Milieudefensie’s demands are “unrealistic and unreasonable”.
Senate bills 3697 and 3456 mandate disclosures of climate-related financial risks and carbon footprints for large companies that operate in New York state. Versions of both bills were tabled in the 2023-2024 legislative session.
Although the narrative of Argentina’s current administration is aligned with the ESG backlash movement, the country’s ESG regulatory landscape has not significantly changed since President Milei took office, writes María Victoria Tuculet, a financial services and ESG partner at Bomchil in Buenos Aires.
Amid allegations that companies with well-documented links to Uyghur slave labour are “dumping” their goods in the UK, the government says that it is taking steps to revisit the country’s decade-old Modern Slavery law - and has launched a new inquiry.
The European Financial Reporting Advisory Group (EFRAG) has published a paper, Understanding the synergies between ESRS and EMAS, which aims to help entities that report under both the European Sustainability Reporting Standards (ESRS) and Eco-Management and Audit Scheme (EMAS) frameworks.
Hino Motors Ltd has reached criminal and civil resolutions with multiple US agencies over the submission of false and fraudulent engine emission testing and fuel consumption data. It includes the EPA’s second-largest criminal fine for vehicle air pollution.
As law firms worldwide rush to bolster their ESG practices there is a risk that valuable pro bono work will fall by the wayside. By Jacquelyn MacLennan, a member of the Brussels Bar and a Scottish solicitor, a CEDR-accredited mediator and Hon. Professor at Edinburgh University Law School.
“Even though this is a lower court decision, it's probably going to be a wake-up call to plan managers.” Joshua Lichtenstein at Ropes & Gray explains why Spence v American Airlines has been called an ESG case – even though no ESG funds were involved.
Over the last five years, the incidence of environmental, social and governance (ESG)-related litigation involving retirement funds globally has grown about 100% per year, writes David Geral, partner at Bowmans in Johannesburg. In South Africa, it is no longer a question of if, but when, the first retirement fund will face litigation.
Apple follows Costco in rejecting the National Center for Public Policy Research’s anti-DEI shareholder proposal – as Meta and Amazon announce plans to cut back on their initiatives.
The European Banking Authority says its new guidelines, effective 11 January 2026, will “contribute to ensuring the safety and soundness of institutions as ESG risks intensify and the EU transitions towards a more sustainable economy”.
The deadline for EU member states to transpose the Gender Balance on Corporate Boards Directive fell at the end of 2024 – but 12 jurisdictions failed to meet it.
Morgan Stanley, Citigroup and Bank of America are the latest banks to exit the Net Zero Banking Alliance – on the heels of Wells Fargo and Goldman Sachs.
The Australian government intends to introduce penalties for non-compliance as it pledges to act on 25 of the recommendations made by a report on the 2018 Modern Slavery Act – but has declined to lower the revenue threshold to A$50 million. With commentary by Amanda Lyras at Clayton Utz.
First reporting under the CCDAA is due in 2026 but CARB says it will not take enforcement action for incomplete reporting in the first year – and launches a public consultation while the act’s authors threaten legal action. With commentary from Michael Littenberg at Ropes & Gray and Paul Barker and Julia Waterhous at Kirkland & Ellis.
The stock exchange must abandon its board diversity disclosure rules after the US Court of Appeals for the Fifth Circuit held that the SEC was going beyond its remit in approving the decision to force companies to diversify.
The regulation, which aims to combat forced labour in supply chains both in the EU and externally, has been published in the EU’s Official Journal and will apply from 14 December 2027.
The Swiss government has opened a consultation on amending the Ordinance on Climate Disclosures – after the European Court of Human Rights found in April that the country had “critical gaps” it its domestic regulatory framework.
Listed companies – and others that “have a significant weight in the jurisdiction” – will be required to fully adopt Hong Kong’s ISSB-aligned standards by 2028.
The EUDR is now expected to apply from 30 December 2025 – along with an ‘emergency break’ – after the European People’s Party abandoned its controversial no-risk amendment.
A KPMG survey on sustainability reporting found that while 80% of all corporations use materiality assessments, larger companies are more likely to use double materiality processes that assess their impact on society and the environment – and how this affects their financial performance.
The new rules ensure oversight by the European Securities and Markets Authority and aim for greater consistency and transparency in rating ESG products across the European Union.
From client demand to climate risks: Linklaters’ sustainability director Matt Sparkes explains why the firm wants to prove it’s a responsible business.
The 2024 EY Global Climate Action Barometer reveals that fewer than half of large companies worldwide have published a transition plan for climate change mitigation.
The government has launched a public consultation after 21% of National Health Service suppliers were found to be at ‘high risk’ of supply chain modern slavery.
Palm oil sourced from illegally cleared land has infiltrated the global supply chain of major brands – casting doubt on the readiness of producers to comply with the EUDR, according to a report by an environmental organisation.
The Australian Securities and Investment Commission is asking for feedback on its sustainability reporting guidelines ahead of the new reporting regime beginning in January 2025.
Forward Law Review asked lawyers in the United States, Canada and Europe what they consider to be the greatest challenges – and opportunities – when Donald Trump enters the White House in January.
The proposed targets and cap-and-trade scheme face significant opposition, though lawyers say the federal government is unlikely to make major changes to its draft regulations.
The Taskforce on Nature-related Financial Disclosures says KPMG, Qantas, Manulife and EDP are among the organisations that will now produce voluntary reports.
Companies and government bodies escape fines despite late submissions and variable progress in the milestone report mandated by Canada’s modern slavery law.
Downward trends in security and the rule of law are blamed for stagnation in governance and rights advances, according to a report – although there have been positive developments in some areas.
Consultancy urges boards to take a more proactive role in making net zero central to the way their businesses operate – before policymakers and resource scarcity force them to do so.
A landmark greenwashing fine against investment company Mercer Superannuation heralds a tighter regulatory framework for ESG financial products in Australia.
The Climate Change Act establishes carbon targets, adaptations and mitigations – as well as fines and imprisonment for non-compliance – but key regulations are missed and a question remains over its start date.
Under pressure from companies struggling to comply with the country’s Supply Chain Due Diligence Act, the German government has announced plans to reduce the burden on two-thirds of companies affected by it.
Australia’s competition agency has issued a draft guide on how ‘sustainability collaborations’ between competitors can avoid breaching the country’s criminal cartel laws.
A second round of negotiations with member states has succeeded where the first failed: the Corporate Sustainability Due Diligence Directive will finally come into force on 26 July 2024.
