Hodgson Russ LLP | USA | 31 Jan 2014
In our August issue, we reported on a stock drop case decided in June 2013 by the U.S. Court of Appeals for the Ninth Circuit (Harris v. Amgen, Inc…
Hodgson Russ LLP | USA | 31 Jul 2013
Marshall & Ilsley Corp. (M&I) sponsored a 401(k) plan. Among one of more than 20 different investment funds was the M&I stock fund (M&I Fund)…
Hodgson Russ LLP | USA | 30 Apr 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…
Hodgson Russ LLP | USA | 29 Nov 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.
Hodgson Russ LLP | USA | 29 Aug 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.
Hodgson Russ LLP | USA | 27 Jun 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.
Hodgson Russ LLP | USA | 21 Dec 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.
Hodgson Russ LLP | USA | 29 Jun 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.