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Baker Botts via Lexology; registration required
Dec. 20, 2016
"It is not clear what specific facts a plaintiff could allege that would support the claim that a prudent fiduciary in the same circumstances could not have concluded that the proposed alternative actions would do more harm than good with respect to the plan's participants. One question is whether there can ever be disclosure of negative news with respect to a company's stock, or negative actions taken with respect to employer stock fund, that will not contribute to the lowering of the stock price and thereby, in the eyes of a prudent fiduciary, do more harm than good to current participants in the fund."
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