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The Second Circuit Applies the Moench Presumption to the Administration of a Lehman Brothers Retirement Savings Plan

On September 4, 2013 by Schnader in Finance

By Eric A. Boden The United States Court of Appeals for the Second Circuit is the latest appellate court to apply the Moench “presumption of prudence” under ERISA to protect plan fiduciaries from liability despite the total collapse of the plan’s investment in company stock.  (For more discussion of the […]

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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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