Tax Law Insights

In March 2020, I posted a blog reviewing the evolution of the legal analysis applied to a retirement plan’s holding of “employer securities” under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).  See “If Your Retirement Plan Holds Employer Securities, Keep an Eye on the Jander Case.”  In that blog, I reviewed the “Moench presumption” and the Supreme Court’s rejection of the “Moench presumption” in Fifth Third Bancorp v. Dudenhoeffer, 134 S.C. 2459 (2014).

In Dudenhoeffer, the Supreme Court announced a three-factor standard for ...