Latham reports that the Fifth Circuit granted a stay of the preliminary injunction blocking Texas SB 13, which restricts certain public investments and contracts with financial institutions deemed to boycott energy companies.
The Harvard Law School Forum reports that approximately 135 ESG-related proposals had gone to votes as of May 31, representing almost 35% of shareholder proposals voted on to date.
The EEOC has approved a FY2025-2029 National Enforcement Plan replacing its prior strategic plan and aligning enforcement priorities with the agency’s current leadership.
DLA Piper notes Texas litigation against ISS alleging violations of the Texas Deceptive Trade Practices Act and seeking injunctions and civil penalties.
The Columbia Blue Sky Blog argues that corporate racial disclosure may attract support from both sides of the political spectrum even as DEI remains contested.
Texas, Nebraska, Iowa and West Virginia filed state-court suits against ISS on 20 May, alleging that ESG integration in benchmark recommendations violated consumer-protection or deceptive-practices laws.
The EEOC’s suit against The New York Times, highlighted in this week’s governance roundup, alleges that DEI goals influenced a promotion decision in violation of Title VII.
ESG Today reports that the attorneys general of Texas, Nebraska, Iowa and West Virginia filed lawsuits against ISS alleging consumer-protection and deceptive-practices violations tied to ESG and DEI-related proxy advice.
Gibson Dunn’s 6 May update tracks EEOC litigation, federal contractor clauses, state restrictions and DOJ intervention in litigation over Colorado’s AI law, all tied to discrimination, DEI or algorithmic-bias theories.
Fenwick’s analysis of the March 2026 executive order says agencies must add a clause prohibiting “racially discriminatory DEI activities,” with flow-down obligations, reporting and records access, possible termination or suspension, and potential False Claims Act theories.
Simpson Thacher’s May update reports that 23 state attorneys general sent letters to three rating agencies over ESG-related downgrades of fossil-fuel companies, raising antitrust concerns and demanding explanations, withdrawal or disclosure of ESG commitments, methodology changes and conflict disclosures.
Gibson Dunn’s May 6 update covers an EEOC suit against The New York Times, FAR Council guidance for Executive Order 14398, a challenge to that order, and DOJ intervention in xAI’s challenge to Colorado’s AI law.
Bloomberg Law reports that ISS and Glass Lewis have filed challenges in Indiana and Kansas after earlier Texas litigation, arguing that laws targeting proxy advice compel speech, discriminate by viewpoint and burden interstate commerce.
Nebraska Attorney General Mike Hilgers, with other state AGs, is pressing Fitch, Moody’s and S&P over ESG factors in credit ratings for fossil-fuel companies and states.
Gibson Dunn’s May 6 DEI update tracks new EEOC litigation, federal-contractor clause implementation, lawsuits over DEI executive orders, DOJ intervention in Colorado AI-discrimination litigation and the resolution of the ABA scholarship case.
Pillsbury’s analysis of the March 2026 executive order says federal contractors may face enforceable contract clauses around racially discriminatory DEI activities, creating potential exposure through contract remedies and False Claims Act theories.