Law360, New York (December 4, 2013, 11:58 PM EST) -- The U.S. Supreme Court must soon decide whether to grant Fifth Third Bancorp's petition for writ of certiorari, and review the Sixth Circuit's 2012 decision in Dudenhoefer v. Fifth Third Bancorp.[1] The petition presents two significant issues in the realm of ERISA litigation: (1) whether the "presumption of prudence" regarding employer stock is a proper legal standard for evaluating breach of fiduciary duty claims (and at what stage of the proceedings); and (2) whether U.S. Securities and Exchange Commission filings become actionable Employee Retirement Income Security Act fiduciary communications merely by incorporating them by reference into plan documents....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
