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Federal Judge Blocks Indiana Law Targeting Proxy Advisers

A federal judge has issued a preliminary injunction against an Indiana statute that would have forced proxy advisers to provide detailed financial justifications whenever they recommended voting against corporate management. This ruling marks the third legal setback for Republican-backed efforts aimed at curbing how these firms influence shareholder ESG initiatives.

Federal Judge Blocks Indiana Law Targeting Proxy Advisers
Photo: Business Person

U.S. District Judge Matthew Brookman sided with Institutional Shareholder Services and Glass Lewis, concluding the Indiana law constituted prohibited viewpoint discrimination. The statute, slated to take effect July 1, sought to impose specific disclosure burdens exclusively on firms that disagreed with company boards. By blocking the measure, Brookman reinforced the plaintiffs' First Amendment arguments, mirroring recent judicial outcomes in Kansas and Texas.

Republican lawmakers have increasingly targeted proxy advisers, arguing their influence unfairly elevates environmental, social, and governance priorities over traditional financial outcomes. However, the legal string of defeats suggests that state-level attempts to regulate the firms' research processes face significant constitutional hurdles. While Indiana’s Attorney General Todd Rokita did not comment on the ruling, both ISS and Glass Lewis hailed the decision as a defense of objective research and free speech. Similar legal battles remain active in Kentucky and Florida, as the industry continues to push back against state-led attempts to mandate alignment with corporate management.

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