Tag Archives | ERISA

2022 Corporate Accountability Forums

2022 Corporate Accountability Forums

2022 Corporate Accountability forums begin 2/22 at 11 am Pacific (2 pm Eastern) with Brandon Rees as our first guest speaker using our own Zoom account and registration process. Each session will last 60 or more, so everyone should get a chance to join the discussion. Flexibility is key, so meeting days and times will […]

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Rise of the Working-Class Shareholder

Working-Class Shareholder: Review Essay

The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon by David Webber is sure to get readers thinking (purchase). For far too long, labor and its progressive sympathizers have sought to transform the market from outside the market: from courts, from legislatures, from regulators, from street protests, from strikes. These tools are important. But […]

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Field Assistance Bulletin 2018-01

Field Assistance Bulletin 2018-01: New Tone, Same ESG Analysis

Field Assistance Bulletin 2018-01 Field Assistance Bulletin 2018-01 issued by Trump administration. Recently, the Employee Benefits Security Administration (EBSA) within the Department of Labor (DoL) released Field Assistance Bulletin 2018-01 (link) relating to ESG (environment, social and governance) and shareholder rights for ERISA governed benefit plans. I set out some brief high-level analysis on the guidance below. (more…)

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US SIF-1

US SIF Comments on DOL Guidance Update

The Department of Labor (DOL) rescinded Interpretive Bulletin 2008-2 relating to the Exercise of Shareholder Rights and replaced it with Interpretive Bulletin 2016-01 which reinstates the language of Interpretive Bulletin 94-2 with some modifications. US SIF supports this change as IB 2008-2 was not only inconsistent with prior guidance, but may have discouraged ERISA plan fiduciaries from […]

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Key Votes Survey Released by AFL-CIO

The AFL-CIO Key Votes Survey is designed to help pension fund trustees fulfill their fiduciary duty to monitor the proxy voting performance of investment managers. Good corporate governance matters to shareholders and proxy voting is the most direct means for shareholders to exercise oversight in relation to the corporations they own. (Read the full report.) Proxy […]

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Mr. Peabodys WayBackMachine

October 2014: 5, 10, 15 & 20 Years Ago in Corporate Governance

Corporate Governance Publisher’s Note: Yes, you’ll find many broken links in the material referenced below. After 5, 10 and 15 years, the internet moves on. Many of the organization’s linked have since gone under. We’re just glad to still be here, offering our readers a sense of the history we have shared. More about the WABAC machine.  […]

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Proxy Mosaic

Proxy Advisory Guidelines Issued by SEC

On June 30th, the Securities and Exchange Commission released some long-awaited guidance on the procedures that advisers should follow in retaining proxy advisory firms and clarifies the responsibilities for both investment advisers and proxy advisory firms. Here is our initial response for a more detailed response please read our white paper. (more…)

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Review: The Shareholder Value Myth

Like the Economics of Good and Evil by Tomas Sedlacek, Lynn Stout’s The Shareholder Value Myth: How Putting Shareholders First Harms Investors, Corporations, and the Public is an exploration into the history and sociology of knowledge. While Sedlacek ambitiously tackles several myths at the core of economics, Stout focuses laserlike on the misconception that corporations are required to […]

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Who May Sue You and Why: How to Reduce Your ERISA Risks, and the Role of Fiduciary Liability Insurance

Chubb asked the ERISA-experienced law firm of Morgan Lewis & Bockius, LLP, along with Alison L . Martin of Chubb’s Specialty Claims Department, to write this free booklet to help customers and brokers understand the potential liability that fiduciaries face in today’s litigious environment. Some of the most significant litigation concerning retirement plans includes: “Stock […]

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PWBA and fiduciary responsibilities for proxy voting

Fiduciary Responsibilities for Proxy Voting

O’Barr, Conley and Brancato trace the common thread in the culture of pension funds in their book, Fortune and Folly: The Wealth and Power of Institutional Investing, to “an overriding concern with managing personal relationships” and an all pervasive “need to manage responsibility and blame.” Involvement by fund trustees in corporate governance issues is not yet the […]

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