Tatum “Reverse Stock-Drop” Case Has Important Lessons for Employers and Fiduciaries

October 2014

Bender’s published an article by Robert Wynne, Jay McElligott, Jeff Capwell and Steve Kittrell discussing Tatum v. RJR Pension Investment Committee. The case addressed company stock sold after a corporate spin-off; plaintiffs claimed fiduciaries of the retirement plan breached their duty by selling plan-owned company stock too quickly, thereby causing the plan to miss out on windfall gains. In the article, the authors analyze the case and offer related pointers for employers and fiduciaries making investment decisions in general and those making such decisions in connection with a corporate spin-off. Republished in the October 2014 edition of Bender’s Labor & Employment Bulletin, this article originally appeared under the same name as a Legal Alert on McGuireWoods’ website.