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Supreme Court Sends IBM Stock Drop Case Back to Second Circuit to Reconsider New Issues on Disclosure of Insider Information
National Center for Employee Ownership [NCEO] Jan. 16, 2020 "Justice Kagan stated in a concurring opinion that 'Dudenhoeffer ... recognizes that a fiduciary can have no obligation to take actions 'violat[ing] the securities laws' or 'conflict[ing]' with their 'requirements' or 'objectives.' At the same time, the decision explains that when an action does not so conflict, it might fall within an ESOP fiduciary's duty -- even if the securities laws do not require it.' " [Retirement Plans Committee of IBM v. Jander, No. 17-3518 (S. Ct. Jan. 14, 2020)] |
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