R.I.P. ESG? Implications of Recent ERISA Guidance on ESG Investing

Thompson Hine LLP

As part of the Biden administration’s directive to review its existing regulations, the Department of Labor intends to revisit its final rules issued last year regarding financial factors in selecting plan investments and fiduciary duties associated with proxy voting and shareholder rights. Until further guidance is issued, the agency has opted not to pursue enforcement against ERISA plan fiduciaries for noncompliance. In this session, we explore the effects of the integration of ESG factors in ERISA plan investment decisions and other considerations fiduciaries should keep in mind when making ESG-related investment decisions and exercising their shareholder rights.

We will discuss the following topics:

• The final DOL rules on investment selection and exercise of shareholder rights
• Possible changes by the current administration
• The potential impacts on ESG funds

Presenters:

• Andrew J. Davalla, Partner, Thompson Hine
• Edward C. Redder, Partner, Thompson Hine

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