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Are SEC Filings Subject to ERISA Fiduciary Standards? (PDF)
Alston & Bird LLP
Aug. 24, 2007 Excerpt: When defined contribution pension plans invest in company stock, a number of federal courts have held that plan fiduciaries may be liable under ERISA for misrepresentations (or omissions) contained in the sponsoring company's SEC filings. This result effectively creates a companion ERISA case for most federal securities fraud actions. Until recently, these holdings were limited to cases where the Summary Plan Description ('SPD') expressly incorporated by reference the sponsor's SEC filings. MORE >> |
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