Department of Labor Investigation

Cornerstone Research was retained by the outside counsel of an electronics manufacturing company to assist with a Department of Labor investigation of potential breaches of fiduciary duty under ERISA.

Cornerstone Research was retained by the outside counsel of an electronics manufacturing company to assist with a Department of Labor investigation of potential breaches of fiduciary duty under ERISA. The issue under investigation was whether the fiduciaries violated their duties under ERISA when they maintained the employer’s stock as an investment option in the company’s 401(k) plan in light of the company’s alleged options backdating practices, and the potential implications for the appropriateness of the company’s stock as an investment.

Cornerstone Research presented its findings to the Department of Labor.

Cornerstone Research conducted an event study to investigate the stock price movements associated with disclosures related to the company’s alleged options backdating practices. Our analysis indicated that the disclosures of the options backdating practices did not have a material impact on the stock price. In addition, Cornerstone Research demonstrated that equity analysts believed the impact of these disclosures on the company’s financials to be marginal.

Cornerstone Research presented its findings to the Department of Labor. The Department of Labor closed its investigation.