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Moench-ing on a Bunch of Presumptions
Bloomberg BNA 
June 27, 2014
"On its face, Dudenhoeffer is a significantly negative development for employers with (or considering) ESOPs and for ESOP fiduciaries.... If diversification, reliance on market price and possession of inside information cannot stand as bases for successfully arguing that a fiduciary should have caused the sale of ESOP stock, there may well be a reasonable question as to what's left." [Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014)]
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