Moench ERISA "stock drop" "Fifth Third Bancorp" "Mitchell Shame" "Harrison Fiduciary" "State Street Global Advisors"

One recurring problem in ERISA litigation is the tendency of courts to address and decide novel and complex issues on motions to dismiss, rather than after allowing full development of the factual record. New and original breach of fiduciary duty theories can look entirely different when considered by courts on the full record than they