"Agreeing that the fiduciary duties applied, the Court nevertheless cautioned that trial courts should be skeptical of claims involving publicly traded stock, doubting that ERISA fiduciary duties should be construed to require fiduciaries to violate the securities laws. Specifically, for claims that involve the failure to respond to inside (that is, non-public) information, the Court explained that 'a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the securities laws and that a prudent fiduciary in the same circumstances would not have viewed as more likely to harm the fund than to help it'. " [Amgen Inc. v. Harris, No. 15-278 (U.S. Jan. 25, 2016; per curiam)]