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View More PLI [Practising Law Institute] Webinars, Podcasts and Conferences

DOL Issues ESG Guidelines: Are the Rules Finally Set?

PLI [Practising Law Institute]

Jan. 25, 2023
1:00 p.m. ET

The DOL, in November, finalized regulations concerning the application of ERISA’s fiduciary standards to investment and voting decisions that include an ESG (Environmental, Social and Governance) factor.  The DOL has issued guidance on this topic since before 1994, which guidance has varied over time mostly as presidential administrations have changed.  Practitioners in this field have to grapple with whether the recent regulations will provide stability for some time, and how they should be interpreted and applied in light of the history and the substantial uncertainty in the current environment.

Specific issues to be addressed include:

  • Introduction – “Economically targeted investments” and pre-2015 interpretive principles (10 minutes)
  • Obama administration guidance (10 minutes)
  • Trump administration guidance (10 minutes)
  • Biden administration guidance (20 minutes)
  • Market factors in making an investment decision with ESG as a factor (30 minutes)
  • Looking forward – ESG data challenges and the divided political environment (10 minutes)

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