37 pages. "By sustaining an imprudence claim based on these five generic allegations, the decision below would make it exponentially easier for plaintiffs to survive a motion to dismiss and proceed into costly discovery when bringing baseless imprudence claims against ESOP fiduciaries.... [T]he court below conflated the dual roles of the defendant fiduciaries and imposed securities law disclosure obligations on an ESOP fiduciary who also serves as a corporate officer." [Jander v. Retirement Plans Committee of IBM, No. 17-3518 (2d Cir. Dec. 10, 2018; cert. pet. granted Jun. 3, 2019)]  MORE >>