There was a time, not that long ago, when ESG was the dominant topic in the corporate governance world. Every company was expected to have a sustainability plan and to maintain a respectable ESG profile. However, as a result of now years-long ESG backlash, the predominance of ESG as a governance topic has diminished. Indeed, with the Trump administration’s active anti-ESG policies and actions, including among other things several anti-ESG executive orders, as well as the actions of several red state governors and legislatures, it now sometimes feels that ESG as a governance topic is in full retreat. However, two recent developments – including a court decision striking down a Texas state anti-ESG law and the filing of ESG-supportive ERISA liability lawsuit – suggest that, at a minimum, there may be more of the ESG story yet to be told.Continue Reading Countering Anti-ESG Backlash