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March 3, 2021
To embed, copy and paste the code into your website or blog: President Biden nominated Marty Walsh, Mayor of Boston, as Secretary of Labor, and as his nomination remains pending, questions arise on what changes will be made regarding ERISA fiduciary rules that were established under the Trump Administration. One rule that will likely be reviewed, and possibly changed, is a final rule regarding the āenvironmental, social and governanceā (ESG) factors used by fiduciaries to determine Employee...
February 17, 2021
If confirmed, Secretary of Labor nominee Marty Walsh plans to re-examine ESG and proxy voting rules finalized by the Trump administration.
January 29, 2021
Plan sponsorsā view of participantsā investment sophistication and recent regulations could have something to do with it.
January 28, 2021
Ā The apparent sweep of a pair of Georgia U.S. Senate races opens the door for Democrats to eliminate a host of regulations passed by the Donald Trump administration. In particular, the Department of Labor passed several rules that might not survive. The vehicle to erase rules is the Congressional Review Act. In an ironic twist, the CRA had been a little-used legislative tool until Trump was elected in 2016. Washington Post reporter Dave Weigel noted the potential for Democrats to deliver payb...
January 27, 2021
Labor rule on ESG already trimming fund options for retirement plans Some retirement plan advisers have cut green investing options from 401(k) plans following Trumps last-minute rule change. January 27, 2021 3 MINS The clock is ticking for the Biden administration to nullify Donald Trumpās restrictions on retirement planĀ fiduciaries, rules by which the Republican sought to limit their ability to direct money intoĀ environmental, social and governanceĀ funds. Trumpās ...
January 21, 2021
Biden team to review Labor Department ESG rule Bloomberg U.S. President Joe Biden signs an executive order in the Oval Office on Jan. 20, 2021. The Biden administration will review a recent Department of Labor rule stipulating that ERISA plan fiduciaries cannot invest in "non-pecuniary" vehicles that sacrifice investment returns or take on additional risk. In the order, Mr. Biden directed all executive departments and agencies "to immediately review and, as appropriate and consistent with appli...
December 10, 2020
This paper attempts to provide a definition and context for the term, Environmental, Social and Governance (āESGā), explain how and why it is used, demonstrate how investors are driving the proliferation of ESG reporting, illuminate how investor reliance on ESG information creates new risks for reporting companies, and suggest steps attorneys can take to help mitigate the risks. This paper also provides a short summary on some hot topics in the ESG world. I.Ā The Evolution of ESG Disclosu...