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Can ERISA Fiduciaries Use ESG? Yes, and Case Law Can Provide Some Guidelines, Practical Guidance

September 14, 2021

Partner Elizabeth Goldberg authored an article for Lexis’s Practical Guidance on how environmental, social, and governance (ESG) factors are impacting employee benefit plans. She explains how the US Department of Labor has shifted its position on when Employee Retirement Income Security Act (ERISA) fiduciaries apply ESG criteria to investment. The article details how case law provides some additional guidance for fiduciaries on how to consider ESG factors without violating ERISA’s fiduciary duties. Incoming associate Rachel Mann contributed to the article.

Read the full Practical Guidance article >>