News & Analysis as of

Retirement Environmental Social & Governance (ESG)

Mintz

House Democrats Initiate Probe of Anti-ESG Investment Guidelines Issued by Conservative States

Mintz on

On Monday, May 21, 2024, Congressman Nadler (D-NY) and Congressman Correa (D-CA), the ranking Democratic members on the House Judiciary Committee and relevant subcommittee, sent a letter to the Attorney General and Chief...more

Morgan Lewis

The ESG Investing Debate: 2023 Year-end Updates

Morgan Lewis on

Environmental, social, and governance (ESG) investing has been subject to increased US state and federal regulation over the last several years, and 2023 continued that status quo. As of January 1, 2024, 20 states have...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Politics is scaring ESG investments away

Thanks to politics, I have advised plan sponsors not to pursue ESG investments for their plan as the rule is dependent on who is in the White House....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL pushes back on ESG rule

The Department of Labor (DOL) is contesting a lawsuit filed by a coalition of 25 state attorneys general that challenged its 2022 ESG regulation....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Hate ESG funds? Don’t offer them

The ESG rule issued by the Department of Labor (DOL) has incensed anyone who believes that the selection of retirement plan investments should be based solely on total return. It’s incensed 25 state attorney generals to sue...more

Cozen O'Connor

Democratic AGs Oppose Legislative Efforts to Prevent ESG-Related Investment Decisions

Cozen O'Connor on

A coalition of 21 Democratic AGs wrote a letter to Congressional leaders opposing a joint resolution to overturn a recent DOL rule on private-sector retirement investments. The rule clarifies that fiduciaries of...more

Troutman Pepper

Indiana AG Rokita Endorses Bill to Curb ESG Practices

Troutman Pepper on

On January 26, Indiana Attorney General Todd Rokita issued a press release, endorsing Indiana House Bill 1008, which codifies Indiana Public Retirement System (INPRS) policy to prioritize the financial returns of public...more

Jackson Lewis P.C.

ESG Considerations for Retirement Plans: A Moving Target

Jackson Lewis P.C. on

For those with an eye on ERISA and its fiduciary rules, the past few years have caused whiplash when it comes to environmental, social, and corporate governance (“ESG”) investments in retirement plans....more

King & Spalding

Recent Proliferation of Pay Disclosure Laws in the United States Presents Opportunities and New Considerations for Employers

King & Spalding on

Within the past five years, a growing number of states and localities have enacted pay disclosure laws requiring employers to disclose pay rates or salary ranges during the hiring process. To date, California, Colorado,...more

Lowenstein Sandler LLP

Translating SEC Exam Priorities Into Compliance Action Items

Lowenstein Sandler LLP on

On March 3, the U.S. Securities and Exchange Commission announced its examination priorities for 2021, providing a much-anticipated glimpse into the Biden administration's overall priorities for white collar criminal...more

Seyfarth Shaw LLP

No, You Cannot Invest Your Retirement Plan to Save the Planet!

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2020, the Department of Labor (“DOL”) released a final regulation amending the fiduciary regulations governing investment duties under the Employee Retirement Investment Security Act of 1974...more

Burr & Forman

DOL Updates Factors For Selecting Plan Investments

Burr & Forman on

On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement and other employee benefit plans in light of recent...more

Dechert LLP

ESG Snapshot: Overview of the EU Directive on the activities and supervision of institutions for occupational retirement provision...

Dechert LLP on

What is IORP II? Directive (EU) 2016/2341 on the activities and supervision of institutions for occupational retirement provision, widely referred to as IORP II, sets out minimum harmonization rules for financial...more

Bowditch & Dewey

401(k) Investment Decisions: New DOL Guidance Raises a Green Flag

Bowditch & Dewey on

If you have a role in picking the investment options for your company’s 401(k) or 403(b) plan, newly proposed Department of Labor (DOL) guidelines puts guardrails around the use of Environmental, Social, and Governance...more

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