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The D&O Diary

A Periodic Journal Containing Items of Interest From the World of Directors & Officers Liability, With Occasional Commentary

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U.S. Supreme Court Rejects “Presumption of Prudence” for ESOP Fiduciaries

By Kevin LaCroix on June 26, 2014
Posted in ERISA

supctsealOn June 25, 2014, in an unexpected development at the end of its current term, the U.S. Supreme Court held in Fifth Third Bank v. Dudenhoeffer that ESOP fiduciaries are not entitled to a “presumption of prudence” in connection with their decision to invest in or maintain investments in employer stock.  In a unanimous opinion …

U.S. Supreme Court to Consider Presumption of Prudence in ERISA Stock Drop Case

By Kevin LaCroix on December 17, 2013
Posted in ERISA

The U.S. Supreme Court has already taken up a case this term that potentially could alter the way private securities cases are litigated. The Court has now granted cert in a different case that could have a significant impact on ERISA stock-drop litigation. On December 13, 2013, the Court granted the petition of defendant Fifth…

Kevin M. LaCroix is an attorney and Executive Vice President, RT ProExec, a division of RT Specialty. RT ProExec is an insurance intermediary focused exclusively on management liability issues…

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