News & Analysis as of

Biden Administration Environmental Social & Governance (ESG) Investment

Ropes & Gray LLP

Trump DOL Withdraws Biden-Era ESG Rule and Crypto Guidance for ERISA Plans

Ropes & Gray LLP on

On May 28, 2025, the U.S. Department of Labor (“DOL”) began to articulate the Trump administration’s retirement policy priorities with its decisions to (i) end its defense of the Biden-era ESG rule in a long-running lawsuit...more

King & Spalding

U.S. Department of Labor Updates: Yes to Crypto and No to ESG?

King & Spalding on

On May 28, 2025, the U.S. Department of Labor (“DOL”) provided updated guidance on two employee benefit plan-related investment areas: (1) cryptocurrency and (2) environmental, social, and governance (“ESG”) investing....more

Mintz

Biden Administration's DOL Rule Enabling Investment Advisors to Consider ESG Factors Survives Judicial Challenge

Mintz on

On September 21, 2023, Judge Kacsmaryk (N.D. Texas), a famously conservative Trump-appointed jurist, upheld a Department of Labor rule promulgated by the Biden Administration that enables employee retirement plans to consider...more

Verrill

Update on the Debate over Environmental, Social, and Corporate Governance Investing

Verrill on

The debate over investment of retirement plan funds based on environmental, social, and corporate governance (“ESG”) factors continues to make waves. This post provides a high-level overview of the current state of play for...more

Pillsbury Winthrop Shaw Pittman LLP

Florida’s Response to ESG Investing

Governor DeSantis has signed a law prohibiting reliance on environmental, social and governance (ESG) for Florida’s funds. Banks and financial institutions could face administrative sanctions if found to discriminate...more

Cadwalader, Wickersham & Taft LLP

Launch of State Alliance Against “ESG Investing”

On March 16, 2023 the Republican governors of 19 states announced an alliance led by Florida Governor Ron DeSantis, to “push back against President Biden’s environmental, social, corporate governance (ESG) agenda that is...more

Mintz

President Biden Issues First Veto to Protect ESG Investing

Mintz on

Today, President Biden issued the first veto of his presidency. This action had been heavily telegraphed in advance and was widely expected. Nonetheless, this veto is extraordinarily significant....more

Mintz

President Biden Threatens First Veto Over Congressional Nullification of DOL Regulation Enabling Consideration of ESG Factors

Mintz on

Last fall, the Biden Administration's Department of Labor ("DOL") issued a regulation ("Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights") that, according to a White House press release,...more

Cadwalader, Wickersham & Taft LLP

President Biden Expected to Issue First Veto to Preserve DOL ESG Investment Rule

President Biden will likely issue the first veto of his presidency after Congress passed a measure that would repeal a Department of Labor rule that allows retirement plan fiduciaries to consider ESG-related factors in...more

Fenwick & West LLP

Going Public Report: IPO's SPACs and Direct Listings Facing Headwinds in 2022 After Record Year - 2021 Milestones and 2022 Outlook

Fenwick & West LLP on

Following a record-breaking year for IPOs and other going-public transactions, the beginning of 2022 has presented a challenging environment. That’s largely a result of volatile market conditions due to the ongoing conflict...more

McDermott Will & Schulte

Environmental, Social and Governance (ESG) Investing for Retirement Plans: Where We’ve Been, and Where We Are Now

McDermott Will & Schulte on

Over the past year, the regulatory backdrop around environmental, social and governance (ESG) investing has shifted. As McDermott Partner Brian J. Tiemann explains in these slides, the US Department of Labor (DOL) under the...more

King & Spalding

Department of Labor Wants to "Remove Barriers" to Consideration of ESG Factors in Investment and Proxy Voting Decisions

King & Spalding on

The U.S. Department of Labor (“DOL”) recently announced a proposed rule that would reverse existing regulations promulgated less than a year ago restricting ERISA plan fiduciaries’ ability to “consider climate change and...more

Perkins Coie

DOL Proposes Expanded Use of ESG Factors in ERISA Plan Investment Decisions and Proxy Voting

Perkins Coie on

The U.S. Department of Labor (DOL) published a proposed regulation on October 14, 2021, that would clarify how fiduciaries of private sector employee benefit plans should apply ERISA’s fiduciary duties of prudence and loyalty...more

White & Case LLP

Looking ahead: The future for US infrastructure

White & Case LLP on

It is an exciting time for US infrastructure. Alongside the potential passage of President Biden's historic bill, our research indicates that investors, financiers and developers expect to step up their activity over the year...more

Faegre Drinker Biddle & Reath LLP

Biden Directs DOL to Consider Rescinding Trump-Era Rule on Environmental, Social and Governance Investing

President Biden signed an executive order on May 20 on climate-related financial risk that seeks to change the rules regarding the use of environmental, social, and governance (ESG) investments in retirement plans. The order...more

K&L Gates LLP

Trump Era DOL Rules - Will They Remain Under a Biden Administration?

K&L Gates LLP on

The Department of Labor (DOL) Employee Benefits Security Administration (EBSA) recently finalized a series of rules viewed as key Trump administration priorities. The rules include: Prohibited Transaction Exemption 2020-02,...more

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