Kate Digeronimo

August 05, 2015 | New York Law Journal

Barry Temkin and Kate DiGeronimo write: In a 2014 decision, the U.S. Supreme Court held that fiduciaries of plans that hold publicly traded company stock are subject to the same duty of prudence that applies to fiduciaries in general under ERISA. In doing so, the Supreme Court effectively rejected decades of law applied by nearly all the circuit courts of appeals affording fiduciaries of company stock plans a special "presumption of prudence" not available to the fiduciaries of other varieties of ERISA plans.

By Barry Temkin and Kate DiGeronimo

10 minute read

August 04, 2015 | New York Law Journal

Barry Temkin and Kate DiGeronimo write: In a 2014 decision, the U.S. Supreme Court held that fiduciaries of plans that hold publicly traded company stock are subject to the same duty of prudence that applies to fiduciaries in general under ERISA. In doing so, the Supreme Court effectively rejected decades of law applied by nearly all the circuit courts of appeals affording fiduciaries of company stock plans a special "presumption of prudence" not available to the fiduciaries of other varieties of ERISA plans.

By Barry Temkin and Kate DiGeronimo

10 minute read