Abstract
Over the past several years, nearly 50 lawsuits have been brought under ERISA against companies that permit employees to invest their retirement plan funds in company stock and/or companies that contribute company stock as a matching contribution to the company's retirement plan. These lawsuits are frequently referred to as ERISA copycat suits because they rely in large part on the same factual allegations in the parallel securities fraud proceedings. Haynes & Boone, LLP has been conducting a comprehensive evaluation of each of the ERISA copycat suits that has been filed over the past several years. This article examines the following issues with respect to the developing phenomenon of ERISA copycat suits: the typical parties, procedural issues, the common allegations made by plaintiffs and the defenses raised in response to those allegations, and the courts' initial responses to common allegations and defenses.
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