Professor Richard Kaplan was one of six law professors who filed an amicus curiae brief in the U.S. Court of Appeals, Fifth Circuit case State of Utah et al. v. Julie Su et al. The brief was filed in support of a Biden administration rule allowing
retirement advisers to consider environmental, social and governance issues when making decisions
for clients, with the professors arguing the move aligns with fiduciary duties
to minimize risks and maximize returns for clients. The brief also urged the appeals court to reject a Utah-fronted
challenge that argues the rule is inconsistent with the Employee Retirement Income Security
Act and investment professionals' obligations.
Read coverage of the case from Law360 and Bloomberg.