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ESG coming to the forefront of ERISA fiduciaries’ evaluation of prospective service providers

George Michael Gerstein • February 9, 2021 February 9, 2021 • News
ESG credentials in demand by pension funds - ESG Clarity US
ESG credentials in demand by pension funds - ESG Clarity US

Survey finds most institutional investors look for sustainable investing and diversity criteria when hiring equity managers.
ESG Clarity US ESG Clarity US

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Blog Authors

Danielle Banks

Danielle Banks devotes a significant amount of her practice to defending businesses, universities and governmental entities against employment discrimination claims, including claims brought under Title VII, Section 1981, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and the Pennsylvania Human Relations Act. She also defends governmental entities against Section 1983 claims. Additionally, Danielle represents businesses in housing and mortgage discrimination claims, represents defendants in asbestos litigation and handles matters on behalf of religious entities.

Sara P. Crovitz

Sara Crovitz, most recently Deputy Chief Counsel and Associate Director of the U.S. Securities and Exchange Commission’s Division of Investment Management, provides counsel on all aspects of investment company and investment adviser regulation. She worked at the SEC for 21 years, including 17 years in the Division of Investment Management focusing on issues under the Investment Company and Investment Advisers Acts of 1940. While in the Division, Sara supervised the provision of significant legal guidance to the investment management industry through no-action and interpretive letters, exemptive applications, IM guidance updates and other written and oral means.

Matthew R. DiClemente

Matthew DiClemente represents registered investment companies and their boards of directors, investment advisers, private funds and broker-dealers in a wide range of regulatory, corporate and transactional matters. His clients include several of the largest investment management firms and fund complexes in the country, insurance companies, private fund sponsors and family offices. Matt serves on the firm’s board of directors.

George Michael Gerstein

George Michael Gerstein advises financial institutions on the fiduciary and prohibited transaction provisions of ERISA. As co-chair of the fiduciary governance group, he assists clients with tracking, and understanding, the numerous fiduciary developments at the federal and state levels, including the rules and regulations of governmental plans. He also advises clients with respect to the fiduciary duty implications of ESG investing.

Dean V. Krishna

Dean V. Krishna concentrates his practice on international and domestic tax matters. He advises on matters including U.S. and international mergers and acquisitions, acquisition financing, syndicated lending arrangements, commercial securities offerings, business restructurings, and general domestic and cross-border tax planning.

Mena Larmour

Mena Larmour focuses her practice on counseling registered investment companies (including mutual funds, closed-end funds, interval funds and exchange-traded funds), independent trustees and investment advisers on a wide range of regulatory, corporate and transactional matters. Specifically, Mena’s practice includes assisting clients with the development and launch of new funds and share classes, fund restructurings, reorganizations and mergers, regulatory and compliance matters relating to existing funds, fund governance issues and the applicability and interpretation of federal and state securities laws.

Andrew S. Levine

As co-chair of the firm’s environmental practice group, Andy Levine is widely recognized by industry leaders for his strategic environmental counsel, practical financial solutions to complex challenges and innovative approach to expanding the energy economy in the mid-Atlantic region and beyond. Having started his career litigating multimedia enforcement cases for the federal government against refineries, pipelines and solid waste companies, he was soon recruited by Waste Management to implement these very types of programs on the corporate side. While at Waste Management, Andy oversaw landfill and transfer station expansions, permitting and compliance throughout the Eastern Seaboard, and also developed the strategic landfill gas-to-energy program that formed the basis for his current energy practice in natural gas, and synthetic gas.

Brian P. Seaman

A member of the firm since 2003, Brian Seaman is an experienced products liability and health care attorney with significant trial experience. Over the last decade, Brian has successfully defended national manufacturing clients when disputes arose regarding their products (including pharmaceuticals, combustible truck tires and exercise equipment), and regularly defends health care organizations on ERISA and coverage issues. He is also an experienced trial attorney and has acted as trial counsel on many state and federal court trials (as well as more than 20 arbitrations and mediations).

Catherine M. Ward

Catherine Ward has spent much of her practice helping clients understand the complexities of regulations at the intersection of science and law. Her focus is on simplifying complex issues and multi-disciplinary projects into workable components, and then creating the necessary framework to accomplish her clients’ goals. With experience as a chemist and environmental consultant, she brings a unique perspective to assist companies – who are navigating often conflicting legal scenarios – in identifying opportunities and advantages. Cathy also has over a decade of experience in owning and operating industrial real estate, which gave her an understanding of and appreciation for the practical implications of legal issues. Her goal in every representation is not only to solve the problem presented, but to identify and facilitate the most cost-effective and beneficial means of doing so.

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  • Sara Crovitz quoted in Ignites discussing the SEC’s recent ESG Risk Alert

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.
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