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  1. March 17, 2025

    4 Suits Benefits Attys Should Watch As ESG Pressures Persist

    A New York City pension fund recently escaped a proposed class action challenging its decision to divest nearly $4 billion in fossil fuel stocks, but experts say potential liability related to environmental, social and governance investment factors in retirement plan investment decisions is on the rise. Here are four suits involving challenges to employee retirement plan investing and ESG that attorneys say they're watching after New York City escaped a suit from its workers.

  2. February 14, 2025

    Loper Bright Doesn't Sink ESG Rule, Texas Judge Says

    A Texas federal judge again upheld a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, ruling that the rule was still valid despite the U.S. Supreme Court doing away with a decades-long approach to interpreting statutes.

  3. October 17, 2024

    DOL, Red States Spar Over Loper Bright Impact On ESG Rule

    Conservative-led states suing the U.S. Department of Labor have told a Texas federal court that the end of the Chevron doctrine boosts their bid to end a rule allowing retirement plan advisers to consider environmental, social and governance factors in investment choices, while the DOL argued that it deserves another summary judgment win.

  4. October 26, 2023

    Red States Ask 5th Circ. To Revive ESG Investing Rule Fight

    A coalition of Republican-led states challenging the U.S. Department of Labor's rule allowing retirement advisers to consider issues such as climate change and social justice when choosing investments said Thursday they will seek Fifth Circuit review of a Texas judge's ruling upholding the regulation as lawfully implemented.

  5. September 22, 2023

    4 Takeaways For Benefits Attys After Judge Clears ESG Rule

    A Texas federal judge's decision finding the U.S. Department of Labor's socially conscious investing rule didn't violate federal law represents a significant legal victory for the DOL at a time the agency's broader rulemaking efforts are under fire, attorneys say.

  6. September 21, 2023

    Texas Judge Won't Block Biden Admin's ESG Investing Rule

    A Texas federal judge Thursday refused to block a rule allowing retirement advisers to consider issues such as climate change and social justice when choosing investments, holding that the rule does not violate the Employee Retirement Income Security Act.

  7. June 30, 2023

    5 ERISA Cases To Watch In 2023's Second Half

    A pending rehearing petition in a massive suit against United Behavioral Health at the Ninth Circuit and battles over ESG in retirement plan investments headline the crop of cases that benefits lawyers will be following in the second half of 2023. Here, Law360 speaks with attorneys about five Employee Retirement Income Security Act cases to keep an eye on.

  8. June 05, 2023

    Labor Dept. Asks Texas Court To Save ESG Investing Rule

    The U.S. Department of Labor urged a Texas federal judge to throw out a lawsuit lodged by 25 Republican state attorneys general seeking to block a rule allowing retirement advisers to consider issues such as climate change and social justice when choosing investments.

  9. May 17, 2023

    Red States Ask Texas Court To Kill Feds' ESG Investing Rule

    A group of Republican state attorneys general have asked a Texas federal judge to vacate the U.S. Department of Labor's recently finalized rule allowing retirement plan managers to consider things such as climate change and social justice when choosing investments.

  10. April 06, 2023

    Pension Expert Urges Court To Reject ESG Rule Challenge

    A leading pension expert urged a Texas federal judge to toss a challenge led by 25 Republican state attorneys general to block a finalized rule allowing retirement advisers to consider social issues when choosing investments, arguing that the prior rule and new rule aren't that much different.