The conservative backlash against corporate environmental, social and governance (ESG) policies is predicted to escalate in 2024, with several state attorneys general now threatening to file antitrust lawsuits over collaborative net-zero commitments they have made.
Josh Lichtenstein, partner in the firm’s employment, executive compensation and employee benefits group and head of the firm’s ERISA fiduciary practice, said that while he doesn’t doubt the political will of Republican attorney’s general to bring such cases, the merits of an antitrust argument here are dubious.
“I expect the enforcement and lawsuit side of this battle to be very active,” Josh said. “Enforcement is where the impact is. And the litigation side of this is going to consumer more of our collective head space than it has over the last year.”
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