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Second Circuit Decisions Favor Fiduciaries in 401(k) Company Stock Cases
Dorsey & Whitney LLP Link to more items from this source
[Guidance Overview]
Oct. 19, 2011

The dissent's argument that the 'Moench' standard represents an 'alarming dilution of [ERISA] ... and a windfall for fiduciaries' may suggest that its opponents (includi[ng] the DOL) may try to fight another day, including before the Supreme Court, but for now, the Second Circuit's ruling raises the bar for class action attorneys bringing 401(k) employer stock cases.

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