Kurt Schacht: The Labor Department Is Tearing Down a Landmark of Investor Protection

Kurt N. Schacht, head of policy for the CFA Institute and former chair of the SEC Investor Advisory Committee. writes in Barron’s: Corporate governance and shareholder rights have seldom witnessed an assault on investor protection like the current federal government’s onslaught. Whether weakened rules on broker accountability, rules designed to eliminate shareholder proposals, or those…

VEA Vice Chair Nell Minow Quoted in P&I About the DOL/EBSA Proposal on Proxy Votes

P&I’s above the fold front page headline is “Proxy proposal angers institutions”. VEA Vice Chair Nell Minow is quoted: “It’s just a reflection of the fact that institutional investors have become more aware of corporate governance as an element of shareholder value and corporations don’t like that,” said Nell Minow, Washington-based vice chairwoman of ValueEdge…

DOL proposes rule to narrow scope of ERISA fiduciaries’ proxy voting

DOL/EBSA has followed up its outrageously unsupportable proposed rule on ESG investing (more than 95 percent of the more than 7000 comments strongly opposed) with an even more outrageously unsupportable proposed rule rolling back more than 30 years of settled law that all aspects of share ownership — the right to trade, to sue, and…

Morningstar Comment to DOL/EBSA on ESG

Morningstar’s comment to DOL/EBSA urges the Department to require consideration of ESG factors in pension investments, not discourage it. Simply stated, the Labor Department’s proposed rule is out of step with the best practices that asset managers and financial advisors use to integrate ESG considerations into their investment processes and selections. Indeed, as we outlined in…

Teamsters Comment on DOL/EBSA ESG Proposal

The Teamsters comment on the DOL/EBSA is attached in full below. An excerpt: The Proposal offers a solution in search of a problem. For almost 30 years ESBA has issued a series of bulletins providing guidance to fiduciaries regarding their obligations when it comes to selecting investment options for plan participants. That guidance has emphasized…

Minerva Comment Letter on DOL/EBSA ESG Proposal

From the comment filed by Minerva Analytics on the DOL/EBSA ESG proposal (full text attached below): The Proposed Rules stand in stark contrast to many OECD markets and appear to contradict decades of guidance from the DoL which has allowed ERISA-regulated retirement plans to invest responsibly and take ESG factors into account, under appropriately strict…

CII Comment on Proposed DOL ESG Rule

CII’s comment to DOL/EBSA includes an outstanding list of empirical studies supporting the financial impact of ESG factors. The full comment is below. An excerpt: We also believe the Proposed Rule would create significant burdens of proof for investment approaches that emphasize investment risk and opportunities around ill-defined ESG matters, without subjecting funds that dismiss…

ISS Comment on DOL/EBSA ESG Proposal

ISS has filed a comment with DOL/EBSA on the ESG proposal. An excerpt, and the full text below: While the Department seems to recognize the economic relevance of ESG factors in theory, the Proposing Release nonetheless perpetuates outdated assumptions about ESG investing. As a result, the proposed amendment of Rule 404a-1 imposes unnecessary burdens on…