Recently by Alan S. Miller
Labor & Employment
Fifth Third Bancorp v. Dudenhoeffer: Supreme Court Rejects "Presumption of Prudence" For Stock Drop Cases
On June 25, the United States Supreme Court issued its decision in Fifth Third Bancorp v. Dudenhoeffer, a decision that had been highly anticipated by the ERISA bar. The question before the Court was whether the so-called Moench presumption of prudence applied to a motion to dismiss. Rather than...
Read MoreMaking Company Stock Safe For Your 401(k) Plan
As the saying goes, "heads I win, tails you lose." Many ERISA plaintiffs' lawyers, no doubt, felt this way following the economic implosions of Enron, WorldCom, Dynegy and others. The bad facts giving rise to the collapse of the 401(k) plan's holdings in Enron stock resulted in an avalanche of...
Read More