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Supreme Court Eliminates Employer Stock Presumption
Nixon Peabody LLP 
June 27, 2014 "The Court's ruling is the 'worst case' scenario imagined by the ESOP community.... [T]he Court went much further and answered a question that no one asked: Whether or not a presumption should exist at all? ... It is difficult to predict how this new standard of prudence for employer stock investments will be reconciled with the requirement that ESOPs be primarily invested in employer stock." [Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014)] |
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