Paul Flum

Paul Flum

Morrison & Foerster LLP

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U.S. Supreme Court Abolishes the Presumption of Prudence in ERISA Stock Drop Cases

A recurring scenario in ERISA litigation involves claims against fiduciaries of 401(k) retirement plans who are alleged to have breached their fiduciary duty by failing to discontinue investment in employer stock following a...more

7/11/2014 - 401k Employee Benefits ERISA Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Retirement Plan SCOTUS Stock Drop Litigation US Bancorp

U.S. Supreme Court Grants Certiorari in ERISA Stock Drop Case

On December 13, 2013, the U.S. Supreme Court granted certiorari in Dudenhoeffer v. Fifth Third Bancorp, et al., No. 12-751, to review a decision by the Sixth Circuit reversing dismissal of a complaint in an ERISA stock drop...more

12/17/2013 - Certiorari Employee Shareholders Employee Stock Purchase Plans ERISA Fiduciary Duty Reasonable Reliance Claims SCOTUS Shareholders Stocks

U.S. Supreme Court Invites Solicitor General’s Views on Whether to Grant Review of Case Addressing Two Key Issues in ERISA...

On March 25, 2013, the U.S. Supreme Court invited the U.S. Solicitor General to express its views on whether the Court should grant a certiorari petition in Dudenhoeffer v. Fifth Third Bancorp, et al., No. 12-751. Although...more

4/1/2013 - ERISA Fiduciary Duty Misrepresentation SCOTUS SEC

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