It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal.[1] The basis for this argument derives from the fiduciary duty of loyalty and its corollary, the “sole interest” or “exclusive benefit” rule, enshrined in both federal and state law, which prohibits fiduciaries from investing for any purpose other than the financial well-being of the beneficiary.… [read post]

European Models from the 1980s were driven both by the principles of free movement basic to the European Union Treaties within the context of de-socialization from the 1980s.[21] The contemporary approaches of European states represent a long dialogue (sometimes quite strident) between markets driven states and the brand of markets-rejecting European Marxist Leninism that characterized the old Soviet Empire and its satellites in Europe. [read post]

  With fear and trembling, and sometimes sickness not quite unto death, federal and state judges, and lawyers on both sides of the “v,” must now do more than attack, defend, and evaluate expert witnesses on simplistic surrogates for the truth, such as personal bias or qualifications. [read post]