ESOP Litigation

Second Circuit Breathes New Life Into Company Stock Litigation

JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019   In offering their own company stock as a plan investment option, retirement plan fiduciaries are subject to the same duty of prudence that governs the selection, retention and removal of any other investments. Before 2014, litigation against plan fiduciaries that offered their companies’ stock as an […]

Are Trustees’ Employees Fiduciaries Under ERISA?

JOSEPH FAUCHER, November 2016  ESOPs have been a “national project” of Department of Labor (DOL) enforcement since the 1980s. But unlike other regulatory agencies, the DOL has put off issuing clear guidance—other than a proposed regulation that has never been finalized—regarding how fiduciaries should meet the standards articulated in ERISA… Click to Read More.  Published […]