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ESG Investing

BY Ted Godbout | 3/22/2024
As the Department of Labor works in court to defend its rule allowing the use of environmental, social and governance (ESG) factors by fiduciaries when selecting plan investments, legislation to... Read More
BY Nevin E. Adams, JD | 2/29/2024
The ink was barely dry on the denial of a motion to dismiss the suit, when American Airlines filed a motion of summary judgement, claiming that “there is no genuine issue as to any material fact and... Read More
BY Nevin E. Adams, JD | 2/23/2024
Looks like an American Airlines participant-plaintiff who argued that plan fiduciaries didn’t act in participants’ best interests in including funds managed by firms that allegedly favored ESG... Read More
BY Nevin E. Adams, JD | 1/22/2024
Targeting the tie-breaker provision (still) contained in the so-called ESG rule, the 25 Attorneys General plaintiffs (along with some others) have formally appealed the district court’s support... Read More
BY Ted Godbout | 11/7/2023
The ongoing battle over the use of environmental, social and governance (ESG) factors in determining retirement investments continues unabated, as members of the House Ways and Means Committee dug... Read More
BY Nevin E. Adams, JD | 10/26/2023
A group of 26 “red state” attorneys general has filed a notice of their appeal of a federal court’s judgement rejecting their challenge to the Labor Department’s ESG rule. The notice of appeal (... Read More
BY Nevin E. Adams, JD | 9/26/2023
The federal government wants to make sure that the judge in a Wisconsin case involving the Department of Labor’s ESG rule knows about its recent victory in a federal court in Texas. In a “notice... Read More
BY Ted Godbout | 9/25/2023
The Securities and Exchange Commission on Sept. 25 levied a $19 million fine against Deutsche Bank subsidiary DWS Investment Management Americas Inc. (DIMA or DWS) for misstatements regarding its... Read More
BY Nevin E. Adams, JD | 9/22/2023
“Having considered the motions, pleadings, and relevant law,” a federal court judge has backed the Labor Department in a suit brought by 26 red state Attorneys General challenging the so-called ESG... Read More
BY Nevin E. Adams, JD | 9/18/2023
Noting that “a fiduciary breach cannot exist where no fiduciary duty applies,” American Airlines has pushed back on a participant-plaintiff’s amended claims regarding ESG-biased investments in his... Read More
BY John Sullivan | 9/14/2023
On Thursday, the House Education and the Workforce Committee advanced four bills meant to either roll back or block the inclusion of ESG factors in retirement plans.   The full committee... Read More
BY John Sullivan | 9/6/2023
House Republicans significantly increased their attacks on environmental, social, and corporate governance (ESG) investing on Wednesday, introducing four bills to either roll back or block the... Read More
BY NAPA Net Staff | 8/31/2023
Amidst a highly politicized environment, retirement plan litigation recently has focused on the inclusion of ESG (environmental, social & governance) factors—or the lack thereof. Nevin (Adams)... Read More
BY Nevin E. Adams, JD | 8/29/2023
In response to a motion to dismiss his suit regarding ESG investments—and ESG-friendly investment managers—in his 401(k), an American Airlines participant has expanded the information in his initial... Read More
BY Ted Godbout | 7/28/2023
A markup by the House Financial Services Committee that started with numerous delaying tactics and accusations from each party that the other wasn’t acting in good faith ended more than 12 hours... Read More
BY Allison Wielobob | 7/6/2023
Until recently, the federal law governing most private retirement was seldom a subject of national headlines—let alone the subject of an Instagram reel by the Speaker of the House. ... Read More
BY Ted Godbout | 6/26/2023
Reforming the proxy voting system and increasing oversight of large asset managers are among eight key policy priorities the Republican-led ESG Working Group plans to focus on during the 118th... Read More
BY Ted Godbout | 6/22/2023
The ongoing battle over the use of environmental, social and governance (ESG) factors when making investment decisions for retirement plans continues.   The latest salvo comes from Reps. Andy... Read More
BY Nevin E. Adams, JD | 6/8/2023
The Department of Labor has pushed back on a lawsuit filed by a coalition of 25 state attorneys general that challenged its so-called ESG regulation. The coalition,[i] led by Texas Attorney... Read More
BY Nevin E. Adams, JD | 6/5/2023
A participant lawsuit claims that American Airlines has put retirement savings at risk by investing with managers and funds that “pursue leftist political agendas through environmental, social and... Read More
BY Ted Godbout | 6/5/2023
In recent years, efforts to promote the use of environmental, social and governance (ESG) factors in investing have become caught up in the country’s culture wars, yet the public apparently remains... Read More
BY Ted Godbout | 5/19/2023
Despite political unrest at the federal and state levels, the asset management industry appears to be largely unswayed by the negative rhetoric surrounding the use of environmental, social and... Read More
BY Nevin E. Adams, JD | 5/15/2023
Citing an “unlawful decision to elevate unrelated policy goals over the financial health of the Plans,” a new participant suit has charged three New York plans with jeopardizing the retirement... Read More
BY Joey Santos-Jones | 5/10/2023
  At PSCA National just last week, ARA CEO Brian Graff and EBSA Assistant Secretary Lisa M. Gomez discussed a wide range of topics, including the many... Read More
BY John Iekel | 4/25/2023
A bill has been introduced in the Maine House of Representatives that would prohibit consideration of nonpecuniary factors such as environmental, social and corporate governance (ESG) factors in the... Read More

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