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Second Circuit revisits application of Moench presumption

Hodgson Russ LLP
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USA
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April 30 2013

"What does the plan document say?," is a popular refrain heard from ERISA attorneys. That, it turns out, is the same question the Second Circuit

Stock drop case updates

Hodgson Russ LLP
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USA
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November 29 2012

Recent litigation involving claims for breach of fiduciary duties in connection with the offer of employer stock as a retirement plan investment option produced mixed results and reflects a developing split in the federal circuit courts

No fiduciary breach where ESOP trustee was not acting in his fiduciary capacity

Hodgson Russ LLP
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USA
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August 29 2012

Pursuing a claim for breach of fiduciary duty against an individual necessarily involves the claimant establishing that the individual’s breach was committed while acting in his or her fiduciary capacity

Presumption of prudence defeats stock drop case

Hodgson Russ LLP
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USA
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June 27 2012

Litigation continues to proceed in so-called “stock drop” cases, which are typically class action lawsuits brought by plan participants when plan assets that are invested in employer stock have declined significantly in value

Stock drop case update: Second Circuit adopts Moench presumption

Hodgson Russ LLP
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USA
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December 21 2011

Stock drop cases continue to be a hot area of litigation involving 401(k) plans, ESOPs, and other forms of individual account retirement plans

A steady diet of stock drop cases

Hodgson Russ LLP
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USA
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June 29 2010

Federal courts continue to process a steady diet of so-called "stock-drop" cases generally involving plaintiff claims of fiduciary breaches related to a significant drop in the share value of employer stock held as an investment in a retirement plan such as a 401(k) plan

Current Search

Jurisdiction - USA
Workarea - Employee Benefits & Pensions
Workarea - Capital Markets
Workarea - Litigation
Author - Peter K. Bradley
Author - Anita Costello Greer
Author - Richard W. Kaiser