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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

Last week, I wrote about a rapid-fire set of US bank defections from UN’s Net-Zero Banking Alliance (NZBA). Immediately after the banks (Bank of America, Citigroup, Goldman Sachs, JPMorgan Chase and Wells Fargo) made their announcements, Bloomberg reported

“Texas Attorney General Ken Paxton dropped his threat to cut off big US banks from municipal-bond deals… Paxton’s office said late Tuesday that its reviews of Wells Fargo, Bank of America, Morgan Stanley, and JPMorgan will be closed.”

Given that the banks all made statements that they weren’t abandoning their support of net-zero, but intend to work toward the goal in their own ways, one might think that the banks view Paxton’s action as an outcome of – rather than a catalyst for – withdrawing from NZBA. But last Thursday, BlackRock similarly pulled out of the Net Zero Asset Managers (NZAM) and were more upfront about they “why.”

Bloomberg got their hands on a copy of a letter BlackRock sent to clients, which stated that being part of NZAM “subjected us to legal inquiries from various public officials.” The shift by BlackRock is perhaps more dramatic than the other firms given Larry Fink’s very public pro-ESG/pro-climate stance a few years ago that was intended to herald a new corporate philosophy (or at least the perception of such) – leading to interesting commentary from Ken Pucker.

Back in 2023, Zach wrote “Anti-ESG doesn’t have to win in the courtroom to win in the boardroom. The perception of risk is enough to influence behaviors even if that risk is illusory.” We’re seeing a lot of that.

Sustainability leaders, staff and advisors – It would be premature to think that these actions mean the number of questionnaires/surveys you have to fill out will shrink, or that these firms won’t continue to put pressure on companies they have invested in or loaned to. Nor should your executives believe that these actions minimize your value. Institutional investors and major creditors will continue to push their own sustainability initiatives and seek sustainability information from their portfolio companies, just less publicly than in recent years.

Members can learn more about financial services and ESG/climate here.

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The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile