Skip to Content

Archives

Reading the Tea Leaves: The Supreme Court Seems Likely to Eliminate the ERISA Presumption of Prudence

On April 4, 2014 by Schnader in Finance

By Stephen A. Fogdall The U.S. Supreme Court heard argument this week in Fifth Third Bancorp v. Dudenhoeffer, the case that will decide whether fiduciaries of employee stock option plans (ESOPs) are presumed to comply with their ERISA duties by continuing to invest in the employer’s stock despite allegations that they […]

Category: Finance
Read More

CA Supreme Court Narrowly Construes SCOTUS Concepcion Ruling Limiting Authority to Void Mandatory Arbitration Agreements as Unconscionable

On November 4, 2013 by Schnader in Labor and Employment

By Scott J. Wenner California courts, from its Supreme Court on down, have been hostile to efforts to deny employees and consumers access to the judicial process  through devices such as mandatory binding arbitration and class action waivers.  At the same time, the U.S. Supreme Court has expansively read federal law, […]

Read More