Currents - Energy Industry Insights - April 2018

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Bobby D. Fentress, et al, vs. Exxon Mobil Corporation, et al -

"This is an Employee Retirement Income Security Act case alleging a breach of fiduciary duties in the management of a defined contribution plan. Defendants' Motion to Dismiss the Amended Class Action Complaint (Doc. No. 37) is pending."

Why this is important: Climate change proponents now have added ERISA claims as another arrow in their quiver. In this case, Exxon's Employee Stock Ownership Plan ("ESOP") contained a significant amount of Exxon's own stock. The plaintiffs alleged Exxon made materially false and misleading statements regarding its business model's vulnerability to climate change, thereby making the ESOP's investment in Exxon stock "imprudent."...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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