"The Supreme Court's new plausibility standards allow trial courts to rely on Modern Portfolio Theory and the associated concept of efficient markets in considering claims that the fiduciaries imprudently paid too much for employer stock. As such, these new standards, which are themselves a daunting set of hurdles for plaintiffs to overcome, appear aimed at [Eligible Individual Account Plans (EIAPs)] holding publicly traded shares. The Court left the plausibility of imprudence claims against fiduciaries of EIAPs holding privately-held employer stock much more unclear."  MORE >>