An article in the National Conference on Public Employee Retirement Systems Blog referenced an alert authored by litigation & enforcement partners Amy Roy and Rob Skinner.
The alert that was originally published in the Harvard Law School Forum on Corporate Governance and analyzes New York City pension plans as the first direct judicial review of the anti-ESG fiduciary theory that is sponsored by a conservative anti-union organization called Americans for Fair Treatment.
Amy and Rob note that it is not difficult to imagine how AFFT and other conservative activists could deploy the same model to launch litigations challenging the use of ESG investing more generally on the same fiduciary duty theory.
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