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The Supreme Court has remanded, or sent back for rehearing, an ESOP claim to the U.S. Court of Appeals for the Second Circuit.
The claim in Retirement Plans Committee of IBM v. Jander involves a complex intercession between ERISA and securities laws, and what a corporate officer with inside information that the company stock will drop should do when they also serve as a fiduciary to the employee stock ownership plan.
The questions raised in the IBM case evolve from a 2014 Supreme Court ESOP decision, Fifth Third Bancorp v. Dudenhoeffer.
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Nick Thornton
Nick Thornton is a financial writer covering retirement and health care issues for BenefitsPRO and ALM Media. He greatly enjoys learning from the vast minds in the legal, academic, advisory and money management communities when covering the retirement space. He's also written on international marketing trends, financial institution risk management, defense and energy issues, the restaurant industry in New York City, surfing, cigars, rum, travel, and fishing. When not writing, he's pushing into some land or water.
