Back to Basics: Second Circuit Tosses Stock Drop Claim Because Funding a Plan is Not A Fiduciary Act

The first (or second) question to ask in any ERISA breach of fiduciary duty case is whether the acts in question are even fiduciary acts.

 

On appeal in an ERISA “stock drop” case, the Second Circuit focused on that basic question, resulting in a clean win for the defendants.

 

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