Justices Could Shape Fiduciary Conduct In 2 ERISA Cases

Law360 (August 8, 2019, 1:05 PM EDT) -- For its October 2019 term, the U.S. Supreme Court has agreed to hear two cases addressing procedural standards under the Employee Retirement Income Security Act that could significantly impact claims for breach of fiduciary duty in two key areas: employer securities and investment disclosures. The following is an overview of the background, issues and stakes in each case.

IBM v. Jander

Jander is a “stock drop” case involving a breach of fiduciary duty claim against the IBM retirement plans committee for continuing to invest plan assets in IBM stock even though some members of the committee allegedly knew of financial problems...

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