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Environmental, Social and Corporate Governance (ESG) investing is growing in popularity, especially after major investment firm BlackRock signaled support for what it called “ESG Integration,” or the practice of incorporating material ESG information into investment and divestment decisions. However, since this strategy is relatively young, the short–and long–term merits and potential harm to investors are both unclear.

A distinguished panel joins us to discuss a new paper, titled “Corporate Collusion” and written by former U.S. Ambassador and White House Counsel C. Boyden Gray, and to offer their differing views on the legal issues involved, including ESG, ERISA requirements, fiduciary duty, and more.


  • David J. Berger, Partner, Wilson Sonsini
  • Hon. C. Boyden Gray, Founding Partner, Boyden Gray & Associates
  • Hon. Hester Peirce, Commissioner, U.S. Securities and Exchange Commission
  • Hon. Leo E. Strine, Jr., Of Counsel, Wachtell Lipton; former Chief Justice, Delaware Supreme Court
  • [Moderator] Hon. Paul S. Atkins, Chief Executive Officer, Patomak Global Partners; former Commissioner, U.S. Securities and Exchange Commission

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.