Last month, the U.S. Supreme Court heard argument in an ERISA case that could have sweeping ramifications for retirement plan fiduciaries. The case—Hughes v. Northwestern University—tees up a threshold question that has...more
The U.S. Department of Labor will not enforce two of its final rules, published in November and December 2020, restricting ERISA retirement plans’ consideration of environmental, social, and governance (“ESG”) factors in the...more
The First Circuit Shifts The Burden To The Mutual Fund Company and Evens The Circuit Split -
Although philosophers view burden shifting as a logical fallacy, courts have long been willing, under certain circumstances, to...more