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What's Next in ESG Investments and ERISA's Fiduciary Duties?


Level: Advanced
Runtime: 57 minutes
Recorded Date: December 07, 2023
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Agenda

  • Discussion of what constitutes an Environmental, Social, and Governance (“ESG”) investment
  • How ESG investments have been treated in Washington, D.C. – both by the U.S. Department of Labor and Congress
  • Fiduciary considerations when deciding whether to include ESG investments as plan investment options, and how to address interest from participants in ESG investing
  • Recent litigation involving ESG investing, including litigation against the New York City Public Pension Funds for divesting from fossil fuel companies and American Airlines for allegedly offering ESG investments and failing to monitor proxy voting
  • What’s ahead for ESG investing and this debate

For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Under ERISA, plan sponsors and fiduciaries must act in the best interest of their beneficiaries. However, with the increasing demand for sustainable and socially responsible investments, ERISA fiduciaries are increasingly faced with requests to integrate Environmental, Social, and Governance (ESG) criteria into their portfolios. Furthermore, the US Department of Labor (DOL) issued new rules outlining the factors that fiduciaries should consider when making investment decisions.

Hence, as the ESG investment space continues to evolve, financial and investment advisers must keep abreast of recent regulatory developments and emerging trends to ensure compliance with relevant laws.

Join Dylan Rudolph of Trucker Huss and William David Pollak of O’Melveny & Myers LLP as they provide a comprehensive overview of the current state of ESG investing as well as the recent changes to the duties of ERISA fiduciaries with respect to the DOL’s new guidelines. Speakers, among other things, will offer best practices for plan sponsors and trustees to successfully navigate the future investment landscape.

Provided By

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Panelists

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Dylan Rudolph

Director
Trucker Huss

Dylan practices in the firm’s Employee Retirement Income Security Act of 1974 (“ERISA”) litigation practice group, which is ranked in the first tier nationally by the U.S. News – Best Lawyers “Best Law Firms” rankings. He represents plan sponsors and fiduciaries in a wide range of employee benefit cases, including complex ERISA class action lawsuits involving 401(k) and 403(b) defined contribution plans and Employee Stock Ownership Plans (“ESOPs”); cases involving individual claims for retirement and medical benefits; and claims for withdrawal liability and delinquent contributions involving multi-employer, “Taft-Hartley” pension plans.

Dylan is admitted to practice in all of the federal district courts located in California, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

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William David Pollak

Counsel
O'Melveny & Meyers LLP

William D. Pollak is a versatile and highly regarded commercial litigator who leverages over a decade of experience to represent companies and individuals in a wide range of high stakes litigation and complex regulatory matters. Will is a business-minded lawyer who provides clients with creative strategies, sound advice and cost-effective solutions to their most pressing matters. Will concentrates his practice on ERISA class action litigation. As a member of O’Melveny’s award-winning ERISA litigation group has spent much of his career defending many of the nation’s largest retirement plans and most prominent service providers against fiduciary breach claims and other alleged violations of ERISA at all stages of litigation.


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