The Interplay Between ESG Investing and ERISA's Fiduciary Duties

ERISA's fiduciary duties require that environmental investing and other ESG factors can be considered only if they are appropriate for retirement savings.

DOL's New Rule on ERISA Investment Duties and Its Relationship to ...

[1] The media tends to portray Republican regulations and guidance as restricting ERISA plans' ability to make ESG investments and tends to ...

Do We Finally Have a Final Answer on ESG Investments and ...

Seyfarth Synopsis: At the end of November, the DOL issued final regulations on ERISA's fiduciary duties when investing plan assets.

Addressing ESG Factors Under ERISA - Vermont State Treasurer

Investment decision making for privately-sponsored U.S. qualified retirement plans is governed by the fiduciary responsibility provisions of the Employee ...

121 ERISA FIDUCIARY DUTIES AND ESG FUNDS - Drexel University

have been supportive of ESG investing under ERISA, while. Republican ... “positive relationship between the financial performance of.

What's Next in ESG Investments and ERISA's Fiduciary Duties?

However, with the increasing demand for sustainable and socially responsible investments, ERISA fiduciaries are increasingly faced with requests to integrate ...

ESG Investing Under ERISA - U.S. Department of Labor

on using ESG factors as a means of optimizing the financial analysis of an investment and does not conflict with the fiduciary duties of ERISA plan managers ...

ESG INVESTMENT AND REFORMING THE FIDUCIARY DUTY

17 ERISA regulations change common law prudent investor standard by imposing a high standard on the duty of loyalty that do not allow conflicts of interest ...

New DOL Guidance on ESG Factors in ERISA Plan Investments

This article provides an overview of the interplay between ESG factors and fiduciary duties in plan investments, background of the dichotomy in guidance ...

ESG Investing By ERISA Plan Fiduciaries: The Saga Continues

Over the last few decades, the DOL has addressed the interplay of ERISA's fiduciary duties1 with a plan fiduciary's decision to invest plan ...

ESG Investing After the DOL Rule on “Prudence and Loyalty in ...

An ERISA fiduciary must act with the same care, skill, and diligence that a similarly situated prudent person would under like circumstances.

ERISA Plan Fiduciaries and ESG Factors - The Regulatory Review

Under the new rule, plan fiduciaries are now permitted to “take into account the potential financial benefits of investing in companies ...

Considering Non-Pecuniary Factors by ERISA Plan Fiduciaries

Development of the “Pecuniary Benefits” Language · The DOL's Codification of ESG Investing in ERISA Plans · Nationwide Litigation Against the 2022 ...

DOL Issues Final Rule on Climate Change, ESG Factors for ...

The Department of Labor adopted amendments regarding retirement plan fiduciary duties of prudence and loyalty under ERISA relating to investment

To ESG or Not to ESG: ESG Investments and ERISA Plans

In general, the guidance under the Proposed Rule increases the fiduciary liability risk of using ESG investments for retirement plan purposes by ...

Environmental, Social, and Governance (ESG) and Fiduciary Duty

Proponents of ESG apply the same fiduciary duty principles, and arguments, to both corporate directors and fund managers. Legislative and regulatory ...

DOL Final Regulation Eases Path for ERISA Fiduciaries to Consider ...

Since 1994, the DOL has issued a series of guidance addressing the extent to which ERISA fiduciaries may consider ESG factors. The DOL's ...

DOL Issues Final Rule on ESG Investing and Proxy Voting

to confusion among fiduciaries as to how ERISA's fiduciary duties with respect to making investment decisions squares, if at all, with the ...

The Politicization of ESG Investing - Harvard ALI Social Impact Review

There is currently an intense political divide in the U.S. regarding the integration of environmental, social, and governance (“ESG”) factors into the ...

ERISA's Social Goals? ESG Considerations Under ERISA

ERISA (including the core fiduciary obligations of prudence and loyalty). Thus, if it is imprudent to comply with the investment policy ...