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The Goldman Sachs Investment Performance Appellate Victory: How a Robust Fiduciary Process Helps Disprove the Disloyalty Claim for Proprietary Investments
Encore Fiduciary 
[Opinion] Feb. 26, 2024 "It is way too easy to bring a claim of fiduciary disloyalty, as courts give the benefit of doubt to plan participants who bring these claims. But the Goldman Sachs case shows how a prudent process of engaged and diligent fiduciaries can be used to rebut the unfounded claims of disloyalty and fiduciary imprudence on a summary judgment record. The case hopefully will give support for district court judges to grant summary judgment in more performance cases even when proof of fiduciary prudence is inherently fact intensive." [Falberg v. The Goldman Sachs Group, Inc., No. 22-2689 (2d Cir. Feb. 14, 2024)] |
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