Bergeson, LLP Affiliated Counsel Jared L. Kopel’s Article “Supreme Court Creates New Framework For ESOP Claims” Featured In Law360
Mr. Kopel’s article “Supreme Court Creates New Framework For ESOP Claims,” is featured in Law360 for the month of June. In his article, Mr. Kopel discusses the U.S. Supreme Court’s “knuckleball” decision on June 25, 2014, in Fifth Third Bancorp v. Dudenhoeffer, concerning the requirements for pleading a breach of the duty of prudence under the Employment Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (ERISA). The article addresses the court’s rejection of the so-called “presumption of prudence” that had been adopted in some form by every circuit court of appeals to consider the issue, and the new framework that the decision has established for pleading claims.