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Trust, But Verify

Ed Koch, New York’s Mayor in the 70s and early 80s, would walk around the city asking his constituents, “How am I doing?” Employers might ask the same question of their retirement plan participants, particularly those in a 401(k) plan. The answer might give them pause. Writing in the John Marshall Law Review in 2008, attorneys at the law firm of Jenner & Block discussed Coming Developments in ERISA Litigation. After examining recent court decisions, they concluded with the following:

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