Case Of The Moenchies: Moench Provision Expansion

Law360, New York (June 1, 2010, 12:42 PM EDT) -- The recent financial storm has left many decimated 401(k) retirement plan balances in its wake. Many of these plans allowed participants to save for their retirement by diverting wages to company stock funds (among other savings options). The law concerning a fiduciary’s duty to plan participants — especially during the recent turbulent financial crisis — is still evolving.

One of these duties in particular — the duty of prudence set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.C. § 1104 —...
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