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Jander v. IBM: An Aberration or the Start of a Plaintiff-Friendly Trend in Stock-Drop Cases?
Thompson Hine via Lexology; registration required 
June 28, 2019
"[T]he more specific factual allegations in IBM highlight a potential roadmap for plaintiffs: [1] Allege that plan defendants knew that the company stock was overvalued due to a failure to disclose some adverse information.... [2] Allege that the plan fiduciaries had the power to disclose the truth and correct the artificial inflation, but did not.... [3] Allege that the company stock traded on an efficient market ... and that earlier disclosure of the accounting fraud ... would have reduced the risk of over-correction.... [4] Allege that the plan fiduciaries knew that disclosure of the truth was 'inevitable.' " [Jander v. Retirement Plans Committee of IBM, No. 17-3518 (2d Cir. Dec. 10, 2018; cert. pet. granted Jun. 3, 2019)]
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