News & Analysis as of

California Public Employees Retirement System CalSTRS

Allen Matkins

Bill Would Require Race And Gender Pay Equity Reports

Allen Matkins on

In March, I wrote about AB 2571 which would have prohibited public pension fund investments in alternative investment vehicles that lacked race and gender pay equity policies. Yesterday, the bill was amended to require...more

Allen Matkins

Is The SEC’s Universal Proxy Proposal A Product Of Agency Capture?

Allen Matkins on

More than six decades ago, the late Professor Marver H. Bernstein published his theory of regulatory capture in Regulating Business By Independent Commission (Greenwood Press 1955). According to his theory, agencies follow a...more

Allen Matkins

Insurance Commissioner Calls For Thermal Coal Divestment And Disclosure

Allen Matkins on

Late last month, California’s Insurance Commissioner announced that he had “asked all insurance companies doing business in California to voluntarily divest from their investments in thermal coal”. Thermal coal, also known...more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2016: Proxy Access

Proxy Access - 2015 was a turning point for shareholder proposals seeking to implement proxy access, which gives certain shareholders the ability to nominate directors and include those nominees in a company’s proxy...more

Allen Matkins

I’m Guessing That The DOL Didn’t Have in Mind Negative Weighing OF ESG Factors

Allen Matkins on

In this post, I noted a recent study by Professor Tracie Woidtke at the University of Tennessee concluding that social-issue shareholder-proposal activism appears to be negatively related to firm value. I therefore raised...more

Allen Matkins

What Exactly Is “Constructive Engagement”?

Allen Matkins on

Yesterday, I wrote about SB 185 (De León) which mandates that California’s two giant pension funds to liquidate their investments in thermal coal companies on or before July 1, 2017.  One aspect of the bill that I didn’t...more

Allen Matkins

California’s New “Thermal Coal” Divestment Law Forces Fiduciary Duty Question

Allen Matkins on

Public pension funds exist to provide retirement benefits to public employees.  Cal. Const. Art. XVI, § 17(a).  In 1992, the voters of California tried to eliminate political interference with the state’s retirement funds by...more

Allen Matkins

Do Public Pension Funds Breach Their Fiduciary Duties By Pursuing Social Issue Proposals?

Allen Matkins on

Yesterday, UCLA Law School Professor Stephen Bainbridge noted the publication of a recent study that reaches some devastating conclusions for public pension funds.  The study by Professor Tracie Woidtke at the University of...more

Allen Matkins

CalPERS And Pay Equity

Allen Matkins on

The Securities and Exchange Commission has given notice of its intent to adopt final pay ratio disclosure rules at its meeting next week.  In applauding the SEC’s proposed rules, the California Public Employees’ Retirement...more

Allen Matkins

Law Mandates CalPERS/CalSTRS Support For Shareholder Resolutions Supporting Religious Minorities

Allen Matkins on

In 1999, the legislature enacted SB 105 (Burton) which obligates CalPERS and CalSTRS to support, whenever feasible, shareholder resolutions at domestic and international corporations in which those funds have invested that...more

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