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Results: 11-20 of 483

DOL settlement is a cautionary tale for ESOP trustees

  • Bradley Arant Boult Cummings LLP
  • -
  • USA
  • -
  • July 2 2014

The Department of Labor (DOL) recently settled a case involving an employee stock ownership plan (ESOP) that provides guidance but also a warning for

ESOP fiduciaries not entitled to presumption of prudence

  • Bradley Arant Boult Cummings LLP
  • -
  • USA
  • -
  • July 2 2014

In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court unanimously held that there is no presumption of prudence for fiduciaries of an

Supreme Court rejects presumption of prudence in stock drop cases

  • Chadbourne & Parke LLP
  • -
  • USA
  • -
  • July 2 2014

The United States Supreme Court has held that the presumption of prudence in favor of an ESOP fiduciary investing employer stock in an ERISA plan

Presumption of ESOP fiduciary prudence: a fading memory

  • Paul Hastings LLP
  • -
  • USA
  • -
  • July 1 2014

In what some herald as a game-changer, the US Supreme Court unanimously held ESOP fiduciaries should not be presumed to have acted prudently when

Supreme Court rejects presumption of prudence for ESOP fiduciaries and imposes limits on ERISA “stock drop” claims

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • June 30 2014

Last week, in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751, the Supreme Court sketched a new legal landscape for ERISA "stock drop" litigation. In

Supreme Court: ERISA “stock drop” suits must allege plausible facts to survive motion to dismiss, but no presumption of prudence for ESOP fiduciaries

  • McGuireWoods LLP
  • -
  • USA
  • -
  • June 28 2014

Yesterday, the Supreme Court vacated the Sixth Circuit's decision in Dudenhoeffer v. Fifth Third Bancorp and directed the court of appeals to

U.S. Supreme Court releases two major securities opinions

  • Burr & Forman LLP
  • -
  • USA
  • -
  • June 27 2014

Earlier this week, the U.S. Supreme Court released its decision in Halliburton Co. v. Erica B. John Fund, Inc., (U.S., No. 13-317)( Halliburton II

Fifth Third Bancorp v. Dudenhoeffer an analysis of the U.S. Supreme Court's decision

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • June 26 2014

For over two decades, federal courts have embraced the so-called Moench presumption of prudence in ERISA stock-drop cases. Pursuant to that

Supreme Court declines to adopt ERISA presumption of prudence but imposes limits on stock drop claims

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • June 26 2014

In Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014), the Supreme Court rejected a presumption-previously adopted by most courts

“Moench presumption” dies; ESOPs live; stock drop claims are seriously wounded

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • June 26 2014

A unanimous US Supreme Court has declared that the circuit courts have been unanimously wrong: Fifth Third Bancorp v. Dudenhoeffer, decided June 25