Disney, Fiduciary Duties, Business Judgment, and Corporate ESG-Related Actions | The D&O Diary

As I have noted in prior posts, conflicting political views about ESG-related issues have put corporate executives in the crosshairs, a dilemma that has caused some companies to try to avoid ESG issues altogether – a phenomenon that has been described as “greenhushing.” Among other concerns troubling corporate officials about the entire ESG debate is that some politicians have publicly raised the possibility that the act of taking ESG considerations into account in decision-making could itself constitute a breach of fiduciary duty.

A Disney shareholder has raised that very question concerning the company’s board and its public opposition to the Florida “Don’t Say Gay” legislation….

Source: Disney, Fiduciary Duties, Business Judgment, and Corporate ESG-Related Actions | The D&O Diary