In Kennedy v. Plan Administrator of the DuPont Savings and Investment Plan (the “Kennedy Decision”), a unanimous Supreme Court appeared to proclaim a “bright-line rule” that plan documents determine benefit distribution rights. However, by misreading ERISA and its own precedents, the...

Ethical-factor investing shall be defined as using ethics, such as an enterprise’s policies regarding social/economic/health/environmental justice, sustainability, climate change, or corporate governance, as a factor to determine whether to acquire, dispose of, or how to exercise ownership...

Ethical-factor investing shall be defined as using ethics, such as an enterprise’s policies regarding social/economic/health justice, sustainability, climate change, or corporate governance, as a factor to determine whether to acquire, dispose of, or how to exercise ownership rights in an...

On November 13, 2020, the U.S. Department of Labor (DOL) promulgated a final regulation regarding the investment duties of an ERISA fiduciary in selecting either direct plan investments or investment alternatives to make available to participants and beneficiaries of self-directed plans (the...

Ethical-factor investing is investment decision-making that takes into account ethical factors. Part 1 described the three prudent approaches to ethical-factor investing: (1) the Incorporation approach, which does the right thing only if it improves financial returns; (2) the Tie-Breaker...

Ethical-factor investing is investment decision-making that takes into account ethical factors. It includes faith-based investing, Environmental, Social or Governance (ESG) investing, and sustainable investing. It is becoming more and more widespread. This has occurred despite a lack of widely...

On March 29, 2022 the House approved H.R. 2954 that is titled the Securing a Strong Retirement Act of 2022 (the SECURE Act 2.0) by a vote of 414-5. On May 26, 2022, a discussion draft of the Retirement Improvement and Savings Enhancement to Supplement Healthy Investments for the Nest Egg (RISE &...