Publications
Climate Change is Code Red for Humanity: Is ESG Investment Code Red for Fiduciaries?
Confusion lies in which ESG factors in investing a fiduciary should consider. Factors that directly benefit a beneficiary of the trust are allowed, but not factors that benefit a third party based on a moral or ethical basis, and only indirectly benefit the trust beneficiaries. The assumption that an ESG investment will always outperform a non-ESG investment alone can’t justify prioritizing ESG factors. More is required when drafting trusts and other documents.