SEC Issues

Updates

protected content Update on Legislative and Agency Activities on Definition of Fiduciary Re-Proposal

During the last few weeks, there have been some interesting activities surrounding the Department of Labor’s re-proposed definition of fiduciary rule. … More

protected content DOL Definition of Fiduciary Re-Proposed Regulation Submitted to OMB

The Department of Labor has submitted to the Office of Management and Budget for up to a 90-day review a revised proposed regulation that would amend and update the definition of fiduciary. … More

protected content SEC Releases Proposed Rules for Hedging Disclosure

The Securities and Exchange Commission on February 9 released proposed rules under the Dodd-Frank Act that would require disclosure about whether directors, officers and other employees are permitted to hedge or offset any decrease in the market value of equity securities granted by the company as compensation or held, directly or indirectly, by employees or directors.… More

protected content The 113th Congress adjourned sine die (for good) December 16, leaving undone a long list of pressing

The 113th Congress adjourned sine die (for good) December 16, leaving undone a long list of pressing issues for the incoming 114th Congress to tackle. The list includes a number of initiatives that will pull employer-provided benefits into the mix. … More

protected content GOP Mid-Term Election Sweep Will Impact Legislative Agenda

Vast tomes could (and will) be written about what went wrong for the Democrats or right for the Republicans. Anti-Obama sentiment, bad polling, lack of interest among young and retired voters, disgust with a gridlocked Congress, a flood of outside money, and local factors all probably played a role. But the fact remains that the GOP Congress will have to deal with a Democratic President for the next two years. So, what does that mean for the legislative agenda?… More

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Court Rulings

protected content U.S. Supreme Court Decides Stock Drop Case (Fifth Third Bancorp v. Dudenhoeffer)

The U.S. Supreme Court issued its opinion today in Fifth Third Bancorp v. Dudenhoeffer, which involved whether the “presumption of prudence” applies at the pleading stage in stock drop cases. ERIC had jointly filed an amicus brief in this case, urging the Supreme Court to apply the presumption of prudence at the pleading stage.… More

protected content Supreme Court Decides Non-ERISA Stock Case

Although we are still awaiting the Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer (with respect to which ERIC filed an amicus brief), the Supreme Court has issued a non-ERISA stock case that may have an impact on ERISA stock cases. … More

protected content Supreme Court Hears Oral Arguments in Stock Drop Case

The Supreme Court heard oral arguments on Fifth Third Bancorp v. Dudenhoeffer yesterday. ERIC had filed an amicus brief in the case urging the Court to uphold the presumption of prudence (as recognized by most courts of appeal that have ruled on the issue) regarding employer shares fund and ESOPs. … More

More Court Rulings

Judicial Documents

protected content U.S. Supreme Court Decides Stock Drop Case (Fifth Third Bancorp v. Dudenhoeffer)

The U.S. Supreme Court issued its opinion today in Fifth Third Bancorp v. Dudenhoeffer, which involved whether the “presumption of prudence” applies at the pleading stage in stock drop cases. ERIC had jointly filed an amicus brief in this case, urging the Supreme Court to apply the presumption of prudence at the pleading stage.… More

protected content Supreme Court Decides Non-ERISA Stock Case

Although we are still awaiting the Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer (with respect to which ERIC filed an amicus brief), the Supreme Court has issued a non-ERISA stock case that may have an impact on ERISA stock cases. … More

protected content Supreme Court Hears Oral Arguments in Stock Drop Case

The Supreme Court heard oral arguments on Fifth Third Bancorp v. Dudenhoeffer yesterday. ERIC had filed an amicus brief in the case urging the Court to uphold the presumption of prudence (as recognized by most courts of appeal that have ruled on the issue) regarding employer shares fund and ESOPs. … More

More Judicial Documents