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Final Rules Department of Labor (DOL) Investment

A&O Shearman

Texas court upholds Biden administration’s rule on ESG Investing for ERISA fiduciaries

A&O Shearman on

In a recent decision by the U.S. District Court Northern District of Texas, Judge Matthew J. Kacsmaryk ruled that the U.S. Department of Labor’s 2022 Rule (the 2022 Rule) on environmental, social, and governance (ESG)...more

Mintz

Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge

Mintz on

4 Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department of Labor enabling ESG-focused investing. Specifically, the court determined that the...more

Crunched Credit

Embracing ESG (Carefully)

Crunched Credit on

I really don’t want to talk about ESG.  (Actually, I do but pretend I don’t to bolster my well-earned reputation for balance…Hah!).  ESG is so politically fraught…one person’s lodestar is another shibboleth.  Tribal totem of...more

SEC Compliance Consultants, Inc. (SEC³)

What Advisers Need to Know Now About Giving Rollover Advice after September 23, 2024

This article was originally published on Kitces.com, on May 15, 2024, and is available at at DoL’s Retirement Security Rule & PTE 2020-02 Amendment: What Advisers Need to Know Now about Giving Rollover Advice After September...more

ArentFox Schiff

Biden Administration Issues Final Rule Expanding ERISA Fiduciary Definition, Enhancing Protections for Pension Plan Participants

ArentFox Schiff on

On April 23, the US Department of Labor (DOL) released a final rule significantly expanding the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act (ERISA) (the Retirement Security...more

Eversheds Sutherland (US) LLP

Department of Labor’s final Fiduciary Rule 4.0

On April 23, 2024, the US Department of Labor (DOL) released its Final Rule 4.0 regarding ERISA fiduciary investment advice, including amended exemptions for conflicted investment advice. Our initial analysis of the Final...more

Cadwalader, Wickersham & Taft LLP

DOL Issues Final Rule Regarding Fiduciary Investment Advice

On Tuesday, April 23, 2024, the U.S. Department of Labor (the “DOL”) released its new final rule (the “Final Rule”) regarding when a person becomes a “fiduciary” by virtue of providing investment advice for purposes of the...more

Proskauer - Employee Benefits & Executive...

Goodbye “Five-Part Test”—DOL Finalizes New Investment Advice Fiduciary Rules

On April 23, 2024, the Department of Labor (“DOL”) issued final rules which expand what it means to provide fiduciary “investment advice” under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and...more

Seward & Kissel LLP

U.S. Department of Labor Finalizes Independent Contractor Rule

Seward & Kissel LLP on

Today, the U.S. Department of Labor (“DOL”) published its final rule (the “Rule”) addressing whether a worker is properly classified as an employee or an independent contractor under the federal Fair Labor Standards Act. ...more

Verrill

Update on the Debate over Environmental, Social, and Corporate Governance Investing

Verrill on

The debate over investment of retirement plan funds based on environmental, social, and corporate governance (“ESG”) factors continues to make waves. This post provides a high-level overview of the current state of play for...more

Foley Hoag LLP

DOL Eases Restrictions on Use of ESG Factors in Retirement Plan Investment Decisions

Foley Hoag LLP on

The U.S. Department of Labor (“DOL”) has issued a final rule (the “Final Rule) addressing how ERISA fiduciaries may consider environmental, social and governmental (ESG) factors in making investment decisions for retirement...more

Bradley Arant Boult Cummings LLP

Five Takeaways from the DOL’s Final Rule on Selecting Retirement Plan Investments

The Department of Labor (DOL) issued a final rule that explicitly allows—but does not require—retirement plan fiduciaries to take climate change and other environmental, social, and governance (ESG) considerations into...more

Katten Muchin Rosenman LLP

New DOL Rule Enables Consideration of ESG Factors in Investing, Plus the SEC Continues its ESG Enforcement Push in the Absence of...

On November 22, 2022, the U.S. Department of Labor (DOL) announced a final rule promulgated by the Employee Benefits Security Administration that allows retirement plan fiduciaries to consider environmental, social and...more

Verrill

ESG Ping-Pong®

Verrill on

The recent regulatory back-and-forth over the investment of ERISA-governed retirement plan assets based on environmental, social, and corporate governance (“ESG”) factors has demonstrated that ESG investing will remain under...more

Vinson & Elkins LLP

DOL Issues Non-Enforcement Notice For Two Final ESG Investment Rules

Vinson & Elkins LLP on

ERISA plan fiduciaries may be breathing a small sigh of relief this week after the U.S. Department of Labor (the “DOL”) issued a statement on March 10, 2021, that it would not pursue enforcement actions for violations of two...more

Bracewell LLP

ESG Investing and Retirement Plans

Bracewell LLP on

Background - As ESG (environmental, social and governance) investing recently has drawn the attention of governmental agencies that oversee the administration of qualified retirement plans and their trillions of dollars...more

McDermott Will & Emery

Final Rule for Selecting Retirement Plan Investments Leaves ESG Behind

McDermott Will & Emery on

On October 30, 2020, the US Department of Labor (the DOL) issued a final rule to codify standards for how plan fiduciaries must consider financial factors when selecting and monitoring plan investments (the “Financial Factors...more

K&L Gates LLP

DOL Issues Final "ESG" Rule; Focuses on "Pecuniary" Factors

K&L Gates LLP on

On 30 October 2020, the Department of Labor (DOL) released its final rule “Financial Factors in Selecting Plan Investments” (Final Rule). Although the proposed rule aimed to regulate environmental, social, and corporate...more

Bradley Arant Boult Cummings LLP

The “Pecuniary” Rule: A Roadmap for Navigating the DOL’s Final Rule on Financial Factors in Selecting Plan Investments

The Department of Labor (DOL) has issued a final rule to revise its existing rule regarding financial factors in selecting plan investments. We discussed the proposed rule in an earlier article, and this article provides a...more

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