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Be Careful What You Wish For: Dudenhoeffer May Do More Harm Than Good for ERISA Stock Drop Plaintiffs
Dechert LLP Feb. 1, 2016
"Although it may not have immediately been apparent from the Dudenhoeffer decision how much of an impediment the 'more harm than good' standard would be for plaintiffs in so-called 'stock drop' cases, the Amgen decision seems to make clear that the standard has both substantive and procedural significance.... [T]he Court at the very least seems to have solidified the threshold that the plaintiffs in any given case may need to reach at the pleadings stage in order for the case to continue."
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