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401k › Investment › Environmental Social & Governance (ESG)

Mintz

Texas Court Rules ESG Lawsuit Against Employer's 401(k) Plan Can Proceed

Mintz on

Recently, a Texas federal court denied the defendants' motion to dismiss in a lawsuit featuring allegations that an employer's 401(k) plan, which allegedly relied on ESG principles when making investments, violated ERISA. ...more

Dechert LLP

The Developing Litigation Risks from the ESG Backlash in the United States

Dechert LLP on

In the past year, environmental, social, and governance (“ESG”) practices have faced heightened scrutiny in the United States from state attorneys general, state and federal legislators, other government officials, and...more

Foley Hoag LLP

DOL Eases Restrictions on Use of ESG Factors in Retirement Plan Investment Decisions

Foley Hoag LLP on

The U.S. Department of Labor (“DOL”) has issued a final rule (the “Final Rule) addressing how ERISA fiduciaries may consider environmental, social and governmental (ESG) factors in making investment decisions for retirement...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - December 2022

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Ideas To Increase 401(k) Event Attendance - Getting 401(k) plan sponsors and plan providers to attend in-person live events were difficult before COVID. Since COVID, it’s been close to impossible to get decent attendance...more

Snell & Wilmer

2022 End of Year Plan Sponsor “To Do” List (Part 3) Qualified Retirement Plans

Snell & Wilmer on

As 2022 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more

Kilpatrick

401(k) Plan Investments: ESG, Private Equity and Cryptocurrency

Kilpatrick on

Many employers desire to offer innovative investments in their 401(k) plans as a way to enhance the plan’s value, attract talent and appeal to a younger workforce. But decisions regarding investment options are subject to...more

Mintz - Employment Viewpoints

The Department of Labor’s ESG Proposed Rule: A Retirement Committee Perspective

Mintz - Employment Viewpoints on

A recently proposed Department of Labor regulation entitled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” (the “Proposal”) addresses the duties of retirement plan fiduciaries when...more

McDermott Will & Emery

Final Rule for Selecting Retirement Plan Investments Leaves ESG Behind

McDermott Will & Emery on

On October 30, 2020, the US Department of Labor (the DOL) issued a final rule to codify standards for how plan fiduciaries must consider financial factors when selecting and monitoring plan investments (the “Financial Factors...more

Dechert LLP

An ESGplanation of ERISA's New Regulation on Social Investing

Dechert LLP on

The U.S. Department of Labor (the “DOL”) on October 30, 2020 released a final regulation (the “Final Regulation”) relating to the consideration of non-pecuniary factors by fiduciaries of employee benefit plans (“Plans”) that...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with ESG funds

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Over the last 10 years, more and more plan sponsors have opted for environmental and social mutual funds. The problem with these funds is fiduciary concerns since a fiduciary should strive for better performance for their...more

Morgan Lewis

Recent Developments in ERISA Plan Investment Regulation

Morgan Lewis on

The US Department of Labor has issued guidance on private equity in 401(k) plan designated investment alternatives and a proposed regulation on environmental, social, and governance investing....more

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