Think Before Incorporating SEC Filings Into SPDs

Law360, New York (September 27, 2012, 1:35 PM EDT) -- No federal circuit court had ever decided the fiduciary duty implications of incorporating U.S. Securities and Exchange Commission filings into an Employee Retirement Income Security Act-mandated summary plan description ("SPD") — until now. On Sept. 5, 2012, the Sixth Circuit issued a precedent-setting decision in Dudenhoefer v. Fifth Third Bancorp.[1]


Dudenhoefer is a so-called ERISA "stock-drop" lawsuit. It involved a tax qualified defined contribution retirement plan (sponsored by Fifth Third) in which participants made voluntary contributions (commonly referred to as a 401(k) plan). Plan participants could elect to have their plan accounts invest in a variety of mutual funds and...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!