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ESOP Boundaries: Plan Design Versus Fiduciary Function
Porter Wright Morris & Arthur LLP Link to more items from this source
[Opinion]
July 21, 2014
"The United States Supreme Court's Dudenhoeffer decision [was surprising] because the Supreme Court has repeatedly made this point about the distinction between settlor and fiduciary functions.... [It] seems like the decision to establish an ESOP to invest primarily in employer securities is a settlor function: plan design. But the Court treated the investment in employer securities as a fiduciary function."

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