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401(k) Litigation Trends to Watch in 2023
The Prudent Investment Fiduciary Rules Link to more items from this source
[Opinion]
Dec. 12, 2022

"If someone seeks cert for SCOTUS to address the 'apples and oranges' and burden of proof issues.... the First Circuit's Brotherston decision, and the amicus brief filed with SCOTUS by the Solicitor General in connection with Putnam's appeal, together provide sufficient legal arguments and evidence to discredit both of said issues ... Judge Sutton's endorsement of 'controlled' discovery may reduce the number of 401(k) actions and allow more cases to be decided on the merits than on a questionable procedural basis."

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