On February 22, 2012, the United States Court of Appeals for the Sixth Circuit addressed the applicability of the “Moench presumption” with respect to ERISA claims for breach of fiduciary duty arising from allegedly imprudent investments in employer stock within an ESOP.
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Pfeil v. State Street Bank and Trust Company - Sixth Circuit holds that the “Moench” presumption of prudence does not apply at the pleading stage
- Sidley Austin LLP
- March 26 2012
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Senior Patent Counsel
Royal DSM NV