Dudenhoeffer

The Pleading Standard Applicable to Claims Involving Private Company ESOPs: Does Dudenhoeffer Apply or Not?

JOSEPH C. FAUCHER AND DYLAN R. RUDOLPH, DECEMBER 20, 2017   This article analyzes how Dudenhoeffer applies in cases involving stock of closely held companies. It was first published by Wolters Kluwer in the Journal of Pension Benefits, Summer 2017, Vol. 24, No. 4.   In our last article, “ERISA Stock Drop Cases Since Dudenhoeffer: The Pleading Standard Has […]

ERISA Stock Drop Cases Since Dudenhoeffer: The Pleading Standard Has Been Raised

JOSEPH C. FAUCHER AND DYLAN R. RUDOLPH, DECEMBER 13, 2017   This article analyzes the Dudenhoeffer pleading standard and “stock drop” cases. It was first published by Wolters Kluwer in the Journal of Pension Benefits, Spring 2017, Vol. 24, No. 3. I. Introduction  Before 2014, most of the federal Courts of Appeals applied a “presumption of prudence” when […]