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Analyzing the Duty of Loyalty in Stock Drop Cases
October Three Consulting Link to more items from this source
Aug. 17, 2018
"The standards to be applied with respect to a prudence claim are objective, e.g., 'could a prudent fiduciary in the defendant's position not have concluded that publicly disclosing negative information would do more harm than good.' The standards to be applied with respect to a loyalty claim are, however, subjective -- did the fiduciary act out of a conflicting motive? The court provided [a] (simple and useful) illustration of this distinction[.]" [In re: Wells Fargo ERISA 401(k) Litigation, No. 16-3405 (D. Minn. July 19, 2018)]

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