No. 20-289
Retirement Plans Committee of IBM, et al. v. Larry W. Jander, et al.
Tags: corporate-disclosure disclosure employee-stock-ownership-plan erisa fiduciary-duty fraud fraud-disclosure insider-information securities-law
Latest Conference:
2020-11-06
Question Presented (from Petition)
1. Whether Dudenhoeffer's "more harm than good" standard can be satisfied by generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time and thus plan fiduciaries should have made earlier disclosures through regular securities-law filings.
2. Whether ERISA imposes a duty on a plan fiduciary who is also a corporate officer to use inside information for the benefit of plan participants.
Question Presented (AI Summary)
Whether Dudenhoeffer's 'more harm than good' standard can be satisfied by generalized allegations
Docket Entries
2020-11-09
Petition DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-10-20
Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed)
2020-10-05
Brief of respondents Larry Jander, et al. in opposition filed.
2020-09-01
Petition for a writ of certiorari filed. (Response due October 5, 2020)
Attorneys
Larry Jander, et al.
Samuel Ethan Bonderoff — Zamansky, LLC, Respondent
Retirement Plans Committee of IBM, et al.
Paul D. Clement — Kirkland & Ellis LLP, Petitioner