30 pages. "In this case, Appellant and his amici propose a radical interpretation of the 'prudent man' rule under ERISA that cannot be derived from ERISA and, if ad opted, would threaten the creation and maintenance of employee benefit plans. In particular, their proposed new interpretation would create an unworkable standard for fiduciary responsibility, thus creating uncertainty for fiduciaries, inviting litigation even where the decisions of the fiduciaries have clearly been prudent, unnecessarily putting fiduciaries at risk of personal liability, raising the cost of administering employee benefit plans (including the insurance or indemnification needed to enable fiduciaries to serve), and thus discouraging the formation and continued maintenance of employee benefit plans." [Tatum v. RJR Pension Investment Committee et al., No. 13-1360, (4th Cir., filed Aug. 2, 2013]  MORE >>