With Mark Fleming, Daniel Halston, Adam J. Hornstine, Amy A. Null, Andrea Robinson, Jonathan Wolfman
In Fifth Third Bancorp v. Dudenhoeffer, a decision written by Justice Breyer, the US Supreme Court unanimously held that plan fiduciaries are not entitled to any special "presumption of prudence" under the Employee Retirement Income Security Act of 1974 (ERISA) when they decide to buy or hold employer stock in an employee stock ownership plan (ESOP).