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JANDER v. RETIREMENT PLANS COMMITTEE OF IBM

Docket No. 17-3518 August Term, 2018.

910 F.3d 620 (2018)

Larry W. JANDER, and All Other Individuals Similarly Situated, Richard J. Waksman, Plaintiffs-Appellants, v. RETIREMENT PLANS COMMITTEE OF IBM, Richard Carroll, Robert Weber, Martin Schroeter, Defendants-Appellees, International Business Machines Corporation, Defendant.

United States Court of Appeals, Second Circuit.

Decided: December 10, 2018.

Attorney(s) appearing for the Case

SAMUEL E. BONDEROFF (argued), JACOB H. ZAMANSKY , Zamansky LLC, New York, NY, for Plaintiffs-Appellants.

LAWRENCE PORTNOY (argued), J. STAN BARRETT , MICHAEL S. FLYNN , W. TRENT THOMPSON , Davis Polk & Wardwell LLP, New York, NY, for Defendants-Appellees.

Before: Katzmann, Chief Judge, Sack and Raggi, Circuit Judges.

The Employee Retirement Income Security Act ("ERISA") requires fiduciaries of retirement plans to manage the plans' assets prudently. 29 U.S.C. § 1104(a)(1)(B). One form of retirement plan, the employee stock option plan ("ESOP"), primarily invests in the common stock of the plan participant's employer. This case asks...

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