Outside Counsel

ERISA Presumption of Prudence in 'Stock Drop' Cases Rejected

, New York Law Journal


Ronald E. Richman writes: What the Supreme Court in 'Dudenhoeffer' gives to plaintiffs in "stock drop" litigation with one hand—rejecting the special presumption of prudence favoring ESOP fiduciaries—it appears to take away with the other, by offering a road map of suggestions that, if honored by the lower courts, will make it difficult to maintain such litigation in the future.

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