Employee Benefits Blog

Final DOL Rule Imposes Fiduciary Limitations on Social Investing

The DOL recently issued a final rule (“Rule”) providing guidance on the long-standing issue of whether ERISA fiduciaries are permitted to consider non-pecuniary factors while making investments (or selecting investment funds) that promote one or more environmental, social or corporate governance goals (so called “ESG Investments”). The preamble to the Rule acknowledges that ERISA fiduciaries […]

November 6, 2020 | 3 min read | Tagged: DOL, environmental, ERISA, ESG, ESG Investments, fiduciary, governance, social

Marvin "Bucky" Swift Former Partner

Say on Pay Failure Results 2017

Of the 7% of Russell 3000 companies that received “against” vote recommendations from ISS on their say on pay proposals this 2017 proxy season, some of the cited reasons for the negative vote recommendations from ISS consisted of the following: Pay for failure (i.e., pay for performance disconnect). Lack of rigorous performance goals. A substantial […]

August 21, 2017 | 1 min read | Tagged: corporate governance, governance, ISS, performance, problematic pay practice, proxy, Say on Pay, severance payments

Greg Gautam Partner