Excerpt from Practical Guidance

How ERISA Fiduciaries Can Use ESG: Part 2

By Elizabeth Goldberg (September 16, 2021, 11:42 AM EDT) -- This two-part article discusses the evolving impact of environmental, social and governance factors on employee benefit plans.

Part one provided guidance on the following key issues:

ESG investing in employee benefit plans; and

Employee Retirement Income Security Act regulation of ESG and back-and-forth by the U.S. Department of Labor.

Part two addresses case law as a framework for ESG.

As discussed in the first part of this article, there is presently increased discussion among employee benefit plans, participants and investment professionals in ESG factors when investing retirement plan assets but simultaneously uncertainty regarding the legal standards that apply under ERISA....

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