News & Analysis as of

Employee Benefits Corporate Governance

Goodwin

Minding the Store: Unanticipated ESG Issues Affecting ERISA Fiduciary Supervision

Goodwin on

A recent summary judgment decision from the U.S. District Court for the Northern District of Texas in an ERISA (Employee Retirement Income Security Act) class action challenging the alleged impact of environmental, social,...more

Wilson Sonsini Goodrich & Rosati

FAQs: UK Employee Equity Incentive Annual Reporting Deadline Approaching

2023/2024 Annual Returns Must Be Filed by July 6, 2024 - Companies operating employee equity incentive arrangements in the United Kingdom, including companies incorporated or registered outside of the United Kingdom, are...more

Proskauer - Employee Benefits & Executive...

[Podcast] Episode 50: Activism and EBEC

In this episode of The Proskauer Benefits Brief, David Teigman, partner in the Tax Department and a member of the Employee Benefits & Executive Compensation Group, Josh Apfelroth, partner in the Private Equity and Mergers &...more

ArentFox Schiff

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

ArentFox Schiff on

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more

Greenberg Glusker LLP

What Businesses Need to Plan for in 2024

Greenberg Glusker LLP on

From the shifts in e-commerce litigation to the impending implementation of the Corporate Transparency Act, below are some key legal updates that are crucial for businesses to be aware of as 2024 approaches... Originally...more

Ius Laboris

Recent developments in ESG and pensions

Ius Laboris on

The main provisions of the EU's Sustainable Finance Disclosure Regulation have been in force since 2021, but compliance remains a challenge for many market participants. Here is an update on the state of play....more

Ius Laboris

Eco-KPIs and eco-benefits

Ius Laboris on

ESG KPIs may be an opportunity for employers to boost their competitive advantage vis-à-vis both customers and employees. While ESG-based bonus plans and benefits packages are now commonly used in several industries, many...more

Holland & Hart - The Benefits Dial

Should I Pay Or Should I No(t) Now: Which Expenses Can be Paid with Plan Assets?

One question that often comes up is whether an expense related to an ERISA plan can be paid with plan assets. The decision of whether to use ERISA plan assets to pay an expense is an ERISA fiduciary decision. With the recent...more

Robinson Bradshaw

Tenth Circuit Prohibits Class-Action Waivers in Benefit Plan Documents

Robinson Bradshaw on

It is no secret that many businesses minimize risk by requiring arbitration of disputes on an individual basis. The exposure created by a single claim pales next to that presented by a class claim, asserted under Rule 23, on...more

Cadwalader, Wickersham & Taft LLP

Ringing in the New Year – Practical Tips for Public Companies to Implement the New SEC Rule 10b5-1 Trading Plan Rules in Their...

Overview of SEC Final Rules on Rule 10b5-1 Trading Plans - On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”) unanimously adopted final rules adding new conditions applicable to Rule 10b5-1 trading...more

Fisher Phillips

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

Fisher Phillips on

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase...more

Cooley LLP

Corp Fin issues new Section 16 and Section 13 CDIs related to ETFs

Cooley LLP on

Corp Fin has issued a few new CDIs—two relating to Section 16 and one relating to beneficial ownership under Rule 13d-3. The new CDIs address issues in connection with exchange-traded funds, or ETFs, and the use of...more

WilmerHale

Shareholder Focus on Reproductive Rights Post-Dobbs

WilmerHale on

Companies are responding in a myriad of ways to the US Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization (Dobbs), including by expanding healthcare travel benefits to reduce barriers to accessing care in...more

Allen Matkins

Does A California Corporation Have The Power To Indemnify Corporate Employee Benefit Plan Fiduciaries?

Allen Matkins on

Section 317 of the California Corporations Code authorizes, limits and  in one circumstance even mandates the indemnification of a person by reason of the fact that the person is, or was, an "agent" of the corporation.   The...more

Snell & Wilmer

Time to Consider Option Repricings?

Snell & Wilmer on

Given recent declines in equity value in a variety of segments of the economy (technology in particular), a number of clients have asked us what levers are available for retaining talent. While they are rare and while we...more

Skadden, Arps, Slate, Meagher & Flom LLP

2022 Compensation Committee Handbook

Preface The duties imposed on compensation committees of publicly traded companies have evolved and grown over time. This eighth edition of the Compensation Committee Handbook from the lawyers of the Executive...more

McDermott Will & Emery

Governing Health 2022: Key Agenda Items for Board Committees - Supporting Committee Effectiveness in a Changing Environment

McDermott Will & Emery on

COVID-19 has not only accelerated dramatic shifts within the healthcare industry, but it has also become a catalyst for change in workforce strategies. In this special report, McDermott Partner Michael Peregrine offers...more

Hogan Lovells

Keine Gleichbehandlung für Geschäftsführer

Hogan Lovells on

Zusagen auf betriebliche Altersversorgung gegenüber Geschäftsführern werden individuell ausgehandelt und erteilt. Ein Geschäftsführer kann sich nach Ansicht des OLG München (v. 25. November 2020, 7 U 1297/20) nicht auf den...more

Mintz - Employment Viewpoints

Call it a Comeback: The Likely Return of ESG Investing in ERISA Accounts

Environmental, social, and governance (“ESG”) investing has experienced quite the regulatory roller coaster in recent years. In the most recent turn, Democratic Senators Patty Murray (D-Wash.) and Tina Smith (D-Minn.), along...more

Fisher Phillips

From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

Fisher Phillips on

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more

Winstead PC

Plan Fiduciaries: You Have No Right to Vote

Winstead PC on

On December 11, 2020, the United States Department of Labor (DOL) issued a pre-publication version of its final regulations with respect to proxy voting in plans that are subject to the Employee Retirement Income Security Act...more

Laner Muchin, Ltd.

Department of Labor Imposes New Restrictions on ESG Investments in Retirement Plans

Laner Muchin, Ltd. on

Retirement plan fiduciaries and participants with the ability to direct the investment of their retirement accounts increasingly have considered environmental, social, and governance (ESG) factors important to their...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Tells Retirement Plans to Focus on the Money, Not Environmental or Social Issues

The U.S. Department of Labor recently finalized regulations that are likely to limit the use of retirement investments focused on environmental and social issues. On October 30, DOL issued a rule entitled “Financial Factors...more

Mayer Brown Free Writings + Perspectives

The Department of Labor’s ESG-less Final ESG Rule

On October 30, 2020, the U.S. Department of Labor (“DOL”) released its final regulation (“Final Rule”) relating to a fiduciary’s consideration of environmental, social and governance (“ESG”) factors when making investment...more

Latham & Watkins LLP

US Department of Labor Puts ESG Investing on Ice

Latham & Watkins LLP on

In its finalized rule amending ERISA, the DOL makes financial factors paramount in a fiduciary’s responsibility to investors. On October 30, 2020, the US Department of Labor (DOL) published Financial Factors in Selecting...more

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