In a Responsible Investor profile, litigation & enforcement partner Amy Roy discussed recent anti-ESG litigation in both Texas and Missouri. She noted that the two events provided asset managers targeted by Republican officials with “helpful support” to point to in litigation and when responding to investigative demands.
The Missouri concession, Amy said, “frankly undermines the broader premise that the Republican state officials have been heavily relying on and is an express concession by these Republican state officials that ESG factors can and are often, in fact, used for financial purpose.”
Amy also said that “it was no surprise that these Republican attorneys general decided to file suit in Texas and in this specific court. It was surprising to see such a conservative judge expressly embrace the notion that ESG factors can be considered for risk-return purposes and in appropriate circumstances.”
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