, leader of the firm’s ERISA Litigation Group
, was quoted in the Law360
article, “High Court’s ERISA Shift Leaves Defense Bar Unshaken.”
The article examines the U.S. Supreme Court’s unanimous rejection of the “presumption of prudence” in Employee Retirement Income Security Act cases.
“This is a brand-new standard that's going to have to get worked out and applied by the lower courts, and so in many ways we're sort of back to the days when these cases first came down in the wake of Enron and Worldcom,” said Doug Hinson of Alston & Bird LLP. “If the lower courts are willing to treat these claims as they should, without the benefit of hindsight, then I think virtually all of them will still get dismissed.”