Employer Stock Litigation Commentary

This article discusses the Sixth Circuit's recent decision in Pfeil v. State Street Bank & Trust, a potentially significant opinion in the field of employer-stock litigation. The article examines the Pfeil court's suggestion in dicta that the presumption of prudence - i.e., a presumption insulating plan fiduciaries' decisions to permit participant employer-stock investments where plan terms permit or require them - does not apply at the motion to dismiss stage.