Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

Skadden litigators review the U.S. Supreme Court's recent decision in Retirement Plans Committee of IBM v. Jander, in which the Court declined to resolve questions about the pleading standard for a breach of fiduciary duty claim against fiduciaries of an employee stock ownership plan under the Employee Retirement Income Security Act and remanded the case to the Second Circuit.