Global investor interest in sustainable and responsible investment continues to accelerate at a rapid pace. The Global Sustainable Investment Alliance (GSIA) estimates $23 trillion in global assets are managed under responsible investment strategies, representing a 25% increase since 2014. Responsible investment strategies consider environmental, social and governance (ESG) factors in portfolio selection criteria and management with the belief that better corporate ESG profiles result in fewer disasters and corporate scandals. Investment policies that integrate ESG criteria tend to express investor values specific to weapons, carbon emissions, fossil fuel reserves, labor conditions, human rights, corporate governance, executive compensation and other concerns aimed at solving social or environmental problems.

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Selected ESG related articles and recent matters: 


Ninth Circuit Holds No Duty to Disclose Unfair Labor Practices under California Consumer Protection Law
On June 4, 2018, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a class action alleging that Mars, Inc. had a duty under California consumer protection laws to label goods as possibly being produced using slave or child labor. Hodson v. Mars, No. 16-15444 (9th Cir.).

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D.O.L. Qualifies ERISA Fiduciaries’ Obligations Regarding ESG Considerations
On April 23, 2018, the U.S. Department of Labor released Field Assistance Bulletin (“FAB”) 2018-01 qualifying Interpretive Bulletins (“IB”) 2015-01 and 2016-01, which seemed to allow some latitude for fiduciaries to consider ESG factors in investment decision-making.

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