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Category: Finance

Further Developments in the Presumption of Prudence

On August 9, 2013 by Schnader in Finance

By Stephen A. Fogdall The case law on ERISA’s “presumption of prudence” continues to develop. Previously, we reported on decisions by the Second and Ninth Circuits that refused to give plan fiduciaries the protection of the presumption where plan documents provided only that the plans “may” offer an investment option in […]

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The Legal Intelligencer Names Melissa Blanton a 2013 “Lawyer on the Fast Track”

On August 8, 2013 by Schnader in Finance

Melissa S. Blanton, vice chair of the firm’s Corporate and Finance Practice Group, has been named one of the 2013 Lawyers on the Fast Track by The Legal Intelligencer. An eight-member panel pored through the submitted nominations and evaluated the candidates from across Pennsylvania to determine this year’s 38 winners. […]

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The “Effective Vindication” Doctrine is a Dead Letter After American Express Co. v. Italian Colors Restaurant

On July 3, 2013 by Schnader in Finance

Schnader Alert by Stephen A. Fogdall: The U.S. Supreme Court has ruled that the Federal Arbitration Act requires courts to enforce a contractual waiver of class action procedures in an arbitration clause, even where the practical effect of such a waiver is to bar claimants from asserting claims under federal law […]

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New Developments in the Presumption of Prudence Under ERISA: A Dramatic Increase in Liability Exposure Hangs on the Difference Between “Shall” and “May”

On June 12, 2013 by Schnader in Finance

Schnader Alert by Stephen A. Fogdall: Recent decisions out of the Second and Ninth Circuits have increased the liability exposure of plan fiduciaries under the Employee Retirement Income Security Act (ERISA) where the retirement plan gives employees an option to invest in the employer’s stock. If the plan permits, but does […]

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