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What the Supreme Court's Decision in a 401(k) Fee Case Could Mean for ESOPs
Faegre DrinkerLink to more items from this source
July 13, 2021

"It is difficult, if not impossible, to reconcile the Supreme Court's analysis in the two 'stock drop' cases with the analysis conducted by courts in ESOP cases.... The Supreme Court's analysis, including how it interprets ERISA provisions, what consideration it gives to ERISA's legislative history and what consideration it gives to the context of the fiduciaries' decision, may provide further support for dismissal arguments in ESOP cases."

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