Supreme Court Remands IBM Stock Drop Litigation to the Second Circuit | Practical Law
The US Supreme Court issued a per curiam decision in Retirement Plans Committee of IBM v. Jander, vacating and remanding the case to the US Court of Appeals for the Second Circuit. The Second Circuit will decide whether to entertain issues relating to the duties of employee stock ownership plan (ESOP) fiduciaries who have inside information regarding company stock. This question was raised in briefing by the parties before the Supreme Court but had not been not addressed by the Second Circuit.