Jenner & Block

"Schering-Plough and the Scope of the Moench Presumption," Employee Relations Law Journal, Vol. 31, No. 4

In this Employee Relations Law Journal article, Partners Craig C. Martin and William L. Scogland address the so-called "Moench presumption," arising from the case Moench v. Robertson, wherein fiduciaries of eligible individual account plans (EIAPs) are presumed to have satisfied their fiduciary duties unless shown otherwise.  The authors discuss the Moench presumption's application in In re Schering-Plough Corporation ERISA Litigation, analyze how other courts have interpreted its scope, and outline its statutory origins.