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John A. Litwinski McDermott Will & Emery

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Sixth Circuit requires a net loss to sue in certain ERISA stock-drop cases *

USA - June 6 2012
Recently, the U.S. Court of Appeals for the Sixth Circuit held that a 401(k) plan participant who sued under the Employee Retirement Income Security Act (ERISA) for losses in connection with a company stock fund that suffered a drop must show losses on a “net basis” during the class period to have constitutional standing.

Co-authors: Chris C. Scheithauer.