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Dudenhoeffer Decision: Securities Laws Affect Prudence of Buying More Stock or Disclosing Negative Nonpublic Information
October Three Consulting 
July 27, 2014
"[W]hile fiduciaries may have lost the protection of the 'presumption of prudence,' they may have gained something more valuable -- a set of principles that recognizes that, with respect to publicly traded company stock, the idea that prudence compels a sale (or discontinuance of purchase) at market prices must overcome [1] some basic principles of economics ... and [2] a preference for regulating the issue of insider information under the securities laws." [Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014)]
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