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The ESOP Sponsor / Fiduciary Boundary Dispute, Accounting Fraud Edition
Porter Wright Morris & Arthur LLP
June 4, 2014 "A common example of a boundary is the distinction between 'settlor,' or general business decisions, and 'fiduciary' decisions related to plan administration.... When employers sponsor an ESOP, the boundary lines often become even more blurry. A recent decision from the District Court of Indiana ... does not raise any novel issue of law, but it provides a great example of how what otherwise would seem to be general corporate decisions risk becoming ERISA fiduciary decisions." [Malcolm v. Trilithic, Inc., No. 1:13-cv-00073-SEB-DKL (S.D. Ind. Mar. 31, 2014).] MORE >> |
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