Cornerstone Research draws on expertise in corporate governance, corporate regulation, investment management, econometrics, and survey analysis to assist counsel for clients facing regulatory investigations or litigation involving Environmental, Social, and Governance (ESG) issues. Shareholder derivative and other lawsuits have challenged the actions of corporate board members relating to ESG issues. For example, investors have brought derivative lawsuits against corporate boards alleging violations of fiduciary duties or other obligations by failing to fulfill commitments to diversity goals or by tolerating discrimination. In other cases, plaintiffs have alleged that executive compensation should be tied more closely to progress on diversity, equity, and inclusion (DEI) issues In these matters, Cornerstone Research has evaluated the activities of officers and directors to determine whether they acted prudently and in a manner consistent with their roles and fiduciary duties. These analyses have addressed corporate decisions, marketing statements, and oversight of internal audits and processes, among other topics. We have also addressed the incentive structure of executive pay, and whether a company’s board or its compensation committee has acted appropriately in establishing compensation packages for corporate officers.