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POSTPONED: Challenges to ESOP Fiduciary’s Decisions to Hold or Buy Company Stock: Fifth Third Bancorp v. Dudenhoeffer and the Presumption of Prudence

Wednesday, October 15, 2014 12:00 PM to 2:00 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


This program concerns the recent decision by the U.S. Supreme Court in Fifth Third Bancopr v. Dudenhoeffer, 573 U.S. _(June 25, 2014), in which the Court resolved a conflict among the Circuit Courts of Appeal as to whether ESOP fiduciaries should be entitled to a presumption of prudence under ERISA when plan participants challenge the fiduciary’s decision to hold or buy stock in the company.  The Court held that no such presumption applies, and the two panelists will discuss the ramifications of the decision from both the perspective of the fiduciary and the plan participant for both ESOPs and other types of retirement plans.

Sponsoring Section/Committee(s):




Elizabeth Vincensi


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