Sara Pikofsky

Jones Day

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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...

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Employee Benefits (ERISA)

In Re: Citigroup ERISA Litigation: Has The Death Knell Sounded For Stock Drop Cases?

Following the spectacular collapse of Enron in 2001, a cottage litigation industry was created in which a handful of plaintiffs’ firms now routinely rush to bring ERISA class actions whenever a pension plan invests in the stock of the corporate sponsor and the stock price declines...

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