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Business Associations Keyed to Hwang, 3rd Ed.
Trinity Wall Street v. Wal-Mart Stores, Inc.
Citation:
792 F.3d 323 (2015)Facts
Trinity Wall Street, a wealthy Episcopal parish and Wal-Mart shareholder, became alarmed by mass shootings, particularly the Sandy Hook Elementary School tragedy in December 2012. Trinity investigated Wal-Mart’s merchandising practices and discovered the retailer continued selling the Bushmaster AR-15 assault rifle in some states despite its stated mission to address important social issues. Trinity perceived inconsistencies in Wal-Mart’s product policies, noting the company refused to sell NC-17 rated movies, mature-rated video games, and music with parental advisory labels, yet continued selling high-capacity firearms. Trinity submitted a shareholder proposal requesting the Board amend the Compensation, Nominating and Governance Committee charter to provide oversight concerning policies and standards for determining whether to sell products that: (1) especially endanger public safety and well-being; (2) have substantial potential to impair the company’s reputation; and/or (3) would reasonably be considered offensive to family and community values integral to the company’s brand promotion. The proposal’s supporting statement specifically referenced guns equipped with high-capacity magazines but was not limited to firearms. Wal-Mart sought and received a no-action letter from the SEC staff, then excluded the proposal from its 2014 proxy materials.
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