Fiduciary Governance for 401(k)s
Retirement policy must evolve to account for participant preferences.
ERISA Plan Fiduciaries and ESG Factors
ERISA plan fiduciaries must be permitted to consider ESG factors when selecting plan investments.
Changes and Challenges to ESG Investing
The Labor Department’s new rule sets forth a principles-based approach to regulating ESG investing.
On Anti-ESG Resolution, Biden Issues First Veto
The President’s veto keeps in place a retirement investment rule allowing fiduciaries to consider ESG factors.
Investing for Values, Value, or Both?
Fiduciaries should account for participant preferences in designing ESG-friendly 401(k) retirement plans.
ESG and Retirement Plan Investing
Scholars and practitioners assess recent changes to ERISA regulations that allow greater choice in investing.
The Growth in Business Support for Regulation
Businesses in the United States are increasingly supporting regulation and regulators against judicial decisions curtailing agency authority.
Regulators Propose Updates to Community Reinvestment Act Rules
Financial regulators propose new rules to expand and modernize law that targets inequities in bank lending.
Leaving Broker Inducements Behind
Scholar presents defenses that the SEC may use to legitimize restrictions on broker inducements.
Recentering the Federal Reserve’s Removal Power
Scholars advocate the greater exercise of the Fed’s unique removal power.
Merger Law Is Dante’s Inferno Revisited
The shift by agencies away from the current guidelines on mergers and acquisitions has left firms in limbo.