Retirement Plans Committee of IBM v. Jander
Petition for certiorari denied on November 9, 2020
Issues: (1) Whether Fifth Third
Bancorp v. 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; and (2) whether the Employee Retirement Income Security Act imposes a duty on a plan
fiduciary who is also a corporate officer to use inside
information for the benefit of plan participants.
