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  1. July 23, 2024

    Labor Dept. ESG Rule May Survive Chevron's Demise

    The Fifth Circuit recently overturned a ruling that relied on the now-defunct doctrine of Chevron deference to uphold a U.S. Department of Labor rule covering socially conscious retirement plan investing, but some experts believe the rule has a good chance at surviving — even with the precedent off the books.

  2. July 18, 2024

    5th Circ. Remands ESG Rule Row Citing Chevron's End

    The Fifth Circuit on Thursday instructed a Texas federal court to reconsider a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, pointing to recent U.S. Supreme Court rulings that have "upended" the legal landscape.

  3. July 09, 2024

    5th Circ. Skeptical Of Nixing ESG Rule Despite Chevron's End

    A Fifth Circuit panel appeared unlikely Tuesday to knock out a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, although one judge seemed to support vacating a lower court's decision upholding the regulation in light of the Chevron doctrine's demise.

  4. July 03, 2024

    5 Argument Sessions Benefits Attys Should Watch For In July

    Republican state attorneys general will try to convince the Fifth Circuit to knock down a U.S. Department of Labor rule covering how retirement plan managers can consider environmental and social factors when picking investments, while Kellogg workers will challenge class action waivers at the Sixth Circuit. Here are five argument sessions coming up this month that benefits attorneys should keep an eye on.

  5. June 21, 2024

    5 ERISA Cases To Watch In 2024's Second Half

    The U.S. Department of Labor will be playing defense in the second half of 2024, battling injunction bids in Texas seeking to halt the agency's recently finalized retirement security regulations, as well as fighting to uphold a DOL rule tackling social and environmental factors in retirement plan investment decisions. Here, Law360 looks at five Employee Retirement Income Security Act cases that attorneys say they will have on their radar.

  6. April 15, 2024

    Republican AGs Ask 5th Circ. To Knock Out DOL Rule For ESG

    A group of Republican-led states have urged the Fifth Circuit to scrap a U.S. Department of Labor rule allowing retirement advisers to consider social and political issues when choosing investments, arguing that the agency is flouting protections set in stone by federal benefits law.

  7. March 29, 2024

    Retirement Advisers Back Biden Admin's ESG Rule In 5th Circ.

    Supporters of a Biden administration rule allowing retirement advisers to consider environmental, social and governance issues when making decisions for clients rose to defend the policy in the Fifth Circuit, arguing the move aligns with fiduciary duties to minimize risks and maximize returns for clients.

  8. March 21, 2024

    DOL Urges 5th Circ. To Back Biden Admin. ESG Investing Rule

    The U.S. Department of Labor urged the Fifth Circuit on Thursday to uphold a rule allowing retirement advisers to consider social issues such as climate change when choosing investments, arguing that conservative states challenging the rule haven't shown it defies federal benefits law.

  9. January 26, 2024

    Small-Biz Group Tells 5th Circ. ESG Rule Hurts Businesses

    A small-business group and a conservative think tank pressed the Fifth Circuit to reverse the U.S. Department of Labor's win in a suit challenging a rule that allows retirement advisers to consider issues such as climate change when choosing investments, saying the regulations are too burdensome on small businesses.

  10. January 01, 2024

    5 Employee Benefits Cases To Watch In 2024

    Employees will seek to revive their suit claiming Yale University mismanaged its $5.5 billion retirement plan, Republican attorneys general will try to sink Labor Department regulations on socially conscious investing, and a food services company will look to force a suit over a healthcare surcharge for nicotine users into arbitration. Here are five cases benefits attorneys should watch in 2024.