Investing | June 22nd, 2021 Company Stock Down, But Not Out The lion’s share of DC assets are in TDFs via QDIAs—but HR execs still view company stock as valuable for...
Data and Research | December 15th, 2020 Plan Design Decisions Can Reduce Overconcentration in Company Stock Research from Vanguard supports the continuation of rethinking decisions about company stock offerings in defined contribution plans.
Compliance | June 23rd, 2020 IBM Stock Drop Lawsuit Remanded Back to District Court The 2nd U.S. Circuit Court of Appeals has re-established its previous ruling in favor of the plaintiffs.
Administration | April 8th, 2020 Monitoring DC Plans’ Company Stock Investments During Market Volatility Decisions for 401(k) plan sponsors with company stock on their investment menus are different than those for sponsors of true...
Administration | February 24th, 2020 Reasons Exist to Turn a Cold Shoulder to Company Stock in DC Plans However, if plan sponsors choose to offer company stock, there are efforts they can take to mitigate a litigation or...
Compliance | January 22nd, 2020 Supreme Court Declines to Review Question About Dudenhoeffer Pleading Standards A former employee of SunEdison Semiconductor LLC claimed that the 8th Circuit “discarded the core lesson of Dudenhoeffer and imposed...
Compliance | January 14th, 2020 Supreme Court Remands IBM v. Jander Stock Drop Challenge The Supreme Court has issued a limited ruling in a case that could have had a big impact on the...
Compliance | August 19th, 2019 Government Prosecutors Weigh In on Supreme Court IBM Case Courts should “recognize that Congress and the SEC have already made a judgment about when a public disclosure would do...
Compliance | August 8th, 2019 Court Issues Mixed Ruling in Case Over ESOP Stock Purchase The court decision highlights the difficulty in determining the fiduciary status of parties and of making claims for equitable relief...
Compliance | June 5th, 2019 IBM Stock Drop Case Makes Its Way to Supreme Court A district court determined the plaintiffs did not plausibly plead a violation of ERISA’s duty of prudence, because a prudent...
Compliance | April 10th, 2019 Boeing DC Plan Participants Sue Over Inflated Stock Price The lawsuit, filed on behalf of participants invested in Boeing stock in all of Boeing’s defined contribution plans, alleges the...
Compliance | March 13th, 2019 IBM Petitions Supreme Court to Consider Dudenhoeffer Pleading Standard A U.S. Appeals Court rejected a District Court’s finding that was similar to many decision in lawsuits following the Supreme...
Compliance | February 6th, 2019 Exxon Mobil Stock Drop Suit Dismissed A federal judge concluded for a second time that plaintiffs in the suit failed to meet a significant pleading standard...
Compliance | September 6th, 2018 Whole Foods Again Defeats Stock Drop Litigation on Appeal As in other recent stock drop litigation decisions, the plaintiff here ultimately failed to jump the high hurdle for standing...
Compliance | June 4th, 2018 Second Stock Drop Complaint Against Edison International Dismissed A federal district court judge found that additional allegations that alternatives to continuing to offer the company stock would lead...
Compliance | May 29th, 2018 Court Tosses Suit Over Including Former Parent Stock in Phillips 66 Plan The court found plaintiffs failed to state a claim for relief based on ERISA’s duty to diversify and failed to...
Compliance | March 26th, 2018 Gannett Faces ERISA Stock Drop Complaint The lawsuit alleges that Gannett Co., its benefit plans committee and other fiduciaries’ decision to concentrate plan investments in Gannett’s...
Compliance | March 14th, 2018 SunTrust Agrees to Settlement in Long-Running ERISA Suit In addition to a monetary payment of $4.75 million, the bank agreed to non-monetary terms regarding payment and vesting of...
Compliance | February 8th, 2018 5th Circuit Affirms Dismissal of RadioShack Stock Drop Suit The court found participant claims did not meet standards set forth in Fifth Third Bank v. Dudenhoeffer.
Compliance | January 12th, 2018 Appellate Court Hands Win to Hewlett-Packard in Stock Drop Case Another employer win in a stock drop suit indicates it is tough for retirement plan participants to meet the pleading...