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Second Circuit clarifies that Moench presumption applies even where fiduciaries have discretion as to whether or not to offer company stock

  • Alston & Bird LLP
  • -
  • USA
  • -
  • May 18 2012

On May 8, 2012, the United States Court of Appeals for the Second Circuit summarily affirmed the granting of judgment on the pleadings by the United States District Court for the Southern District of New York in favor of JP Morgan Chase & Co. (“JP Morgan”) and various affiliated individuals and committees