Evan Bolla Quoted in Best Lawyers Article on the Impact of Recent Boeing Settlements on ESG Compliance

May 4, 2022

Best Lawyers recently quoted partner Evan Bolla in an article about how a high-profile, $237.5 million settlement against Boeing (NYSE: BA) will impact the ways corporate counsel must confront litigation and issues tied to corporate environmental, social and governance (ESG) initiatives. 

 The settlement arose from a derivative lawsuit claiming, in part, that Boeing’s directors failed to uphold the company’s ESG standards, leading to alleged critical fleet-wide airplane safety issues that were responsible for two 737 Max jetliner crashes in 2018 and 2019 that claimed 347 lives.

In the article, Bolla noted that while the Boeing case did not change the relevant laws, it will remind corporate stakeholders about the importance of both ESG and a professional, engaged board. 

“A claim based on inaction, commonly referred to as a Caremark claim, is still an extremely difficult burden,” Bolla told Best Lawyers. “In Boeing’s case the allegations, which were drafted with the aid of information from books and records demands, were that the board essentially dismantled the safety system and really took no action in response to red flags. Airlines should assure that does not occur by having professionals with sound judgment and industry experience on the board.”

The full article is available here.