Some Additional Thoughts on Fifth Third v. Dudenhoeffer

One of the questions I’ve been asked repeatedly by the media, my clients, and industry practitioners is: what does this decision actually mean for ESOP fiduciaries and participants? We published our immediate reactions in our first blog post on the decision. (See Supreme Court Rejects the Moench Presumption – Vacates and Remands Fifth Third Case)  We … Continue reading Some Additional Thoughts on Fifth Third v. Dudenhoeffer

Supreme Court Wrestles with Issues in Tibble v. Edison

Yesterday, the United State Supreme Court heard oral argument in Tibble v. Edison International. A link to the transcript published by the Court can be found here. For those who are interested, I highly recommend you read through it. The main stream media, in articles such as this one, interpreted yesterday as hinting at a … Continue reading Supreme Court Wrestles with Issues in Tibble v. Edison

Supreme Court Requests DOL Opinion in Tibble v. Edison Petition

Today, March 24, 2014, the Supreme Court announced the results of their Friday conference where the plaintiffs’ cert petition from the Tibble v. Edison International case was considered. In a surprise move, the Supreme Court has asked the Solicitor General of the United States, working in conjunction with the Secretary of the Department of Labor, … Continue reading Supreme Court Requests DOL Opinion in Tibble v. Edison Petition

Supreme Court Will Hear Stock Drop Appeal

On Friday, December 13, the Supreme Court granted cert in Fifth Third Bancorp v. Dudenhoeffer. We previously discussed the cert petition a few weeks ago when the Department of Labor filed an amicus brief in support of the plaintiffs and against the so called “Moench Presumption.” What happens next is that the parties will file … Continue reading Supreme Court Will Hear Stock Drop Appeal

Supreme Court Waiting Game Begins After DOL Submits Stock Drop Amicus Brief

The continued viability of the “Moench Presumption” may or may not be decided by the United States Supreme Court. As explained below, we are now in a waiting game to learn whether the court will vote to hear an appeal of a case where the Moench Presumption was not adopted. Since 1995, ERISA plan sponsors … Continue reading Supreme Court Waiting Game Begins After DOL Submits Stock Drop Amicus Brief