Robert J. Giuffra, Jr.

The Second Circuit Curbs ERISA “Stock Drop” Class Actions: Following Other Circuits, the Second Circuit Adopts the Moench Presumption of Prudence, Which Limits Liability of ERISA Fiduciaries for Losses Suffered in Employer-Sponsored Retirement Plans
Marc De Leeuw,Robert J. Giuffra,Suhana S. Han,Joseph E. Neuhaus,Richard C. Pepperman,Max J. Schwartz,Jeffrey T. Scott, October 31, 2011
In the wake of the financial crisis, the plaintiffs’ bar has increasingly brought so-called ERISA “stock drop” actions against issuers, particularly financial institutions, that suffered large stock losses. Often brought as “tag alongs” to putative shareholder...

Class Arbitration Waivers: U.S. Supreme Court Upholds Class Arbitration Waiver
David H. Braff,Robin D. Fessel,Robert J. Giuffra,Joseph E. Neuhaus,Richard C. Pepperman,Theodore O. Rogers, May 10, 2011
The Supreme Court of the United States last week issued a 5-4 decision in AT&T Mobility LLC v. Concepcion, --- S. Ct. ---, 2011 WL 1561956 (U.S. Apr. 27, 2011), holding that arbitration agreements waiving class arbitration are enforceable in accordance with their terms. In reversing the Ninth...