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Article

Smith, Gambrell & Russell, LLP | USA | 25 May 2012

ERISA stock drop cases: Eleventh Circuit adoption of "Moench presumption"

As a result of the recession and resulting losses in the stock market, there have been a substantial number of claims against ERISA plan fiduciaries for losses resulting from drops in the value of company stock held in the company's benefit plans ("stock drop" lawsuits).

Article

Smith, Gambrell & Russell, LLP | USA | 26 Oct 2010

DOL releases proposed rule to expand definition of an ERISA fiduciary

On October 21, 2010, the Department of Labor (the "DOL") announced a proposed rule to significantly expand the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") to include any person who provides investment advice to an employee benefit plan (or such plan's participants or beneficiaries) for a fee or compensation.

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