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Some Additional Thoughts on Fifth Third Bancorp v. Dudenhoeffer
The Lowenbaum Partnership and FRA PlanTools 
July 2, 2014
"[It] is important to understand that risk has not been created or destroyed by this decision. The risk was always present. Under Moench, ESOP participants bore most of the risk. But under this decision, ESOP fiduciaries will not bear most of the risk either. Instead, this case was all about shifting a portion of the risk back to ESOP fiduciaries rather than ESOP participants, but leaving it somewhere in the middle.... ESOP fiduciaries should consider treating their company stock investment with the same exacting fiduciary standards they are treating the plan's other investments.... Here are items they should consider[.]"
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