The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2023”.

The Department of Labor has been busy with various regulatory initiatives during 2022 and this trend is likely to continue into 2023.

This high-level overview of a couple of noteworthy DOL regulatory initiatives should be useful for boards and management teams alike.  The first  is a proposed amendment to a popular “prohibited transaction” exemption, which, if passed, will have a significant impact on many financial contracts, including existing loan and ISDA contracts.  The second is a final regulation governing ERISA plan investments, which could alter how plan investors consider ESG as part of their investment strategy and manage their investments in public companies.

To read the full post, please click here.

For a PDF of the full memorandum, please click here.