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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

The Comptroller for New York City, along with five other blue state comptrollers, issued a joint letter last week. In it, they scrutinize companies’ DEI rollbacks amid federal legal pressure. Recipients of the letter include major telecommunications and media companies: Verizon, Paramount Skydance, Nexstar Media, Charter Communications, and AT&T. The comptrollers argue that DEI programs are critical in mitigating risks and protecting long-term value. The letter states:

“The elimination of diversity and inclusion programs also creates distinct business risks. Inclusive human capital management programs support and may directly bolster talent recruitment, employee retention, and overall operational performance. This connection is underscored by market leaders across sectors, such as Costco and Netflix, which have publicly reaffirmed their commitments despite broader corporate retrenchment, signaling that these programs remain vital to long-term shareholder value and company performance.

While some telecommunications and media companies have modified or rolled back their core inclusion initiatives to secure near-term regulatory approvals, this reactionary posture neglects the broader, long term operational and financial risks left in its wake.”

The comptrollers also address the argument that these companies dissolved their DEI programs for political purposes. The administration is leveraging regulatory licenses and scrutiny to muscle companies into rolling back DEI. However, the letter notes that when faced with these same pressures, Disney vigorously defended its DEI initiatives. Using legal channels, Disney ultimately prevailed. The comptrollers use this example to argue that dismantling DEI is a management choice, not a regulatory necessity. Political winds are always shifting. If the balance of power shifts, many companies may be forced to account for their capitulation. Those who can back their decisions with business rationales and solid legal footing will fare better in the long run.

Our members can learn more about ESG compliance here.

If you’re not already a member, sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information.

Practical Guidance for Companies, Curated for Clarity.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile