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Supreme Court Does Away with Presumption of Prudence: What's Next for Employer Stock in 401(k) Plans and ESOPs?
Baker Botts LLP Link to more items from this source
June 28, 2014
"Before Dudenhoeffer, some employers have required a plan to offer employer stock purportedly in the employers' 'settlor' capacity in order to arguably keep decisions related to employer stock from being deemed fiduciary decisions. The Court's opinion calls into question the continued viability of such a strategy." [Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014)]

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