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All decided matters

2019Seventh CircuitFor the trustees

In re Wexcombe Pension Plan

No. 19-1582 (7th Cir.)

Can trustees who rely on competent outside advice be held personally liable once that advice turns out to be wrong?

What was at stake

Plan participants sued the trustees over an investment made on the recommendation of an outside consultant.

How we ran it

We built the defense around the trustees' process: who they asked, what they were told, and how they tested it.

The outcome

The court affirmed judgment for the trustees on the claims against them personally.

Claims against the consultant continued separately.

The turning point

Minutes showed the trustees had questioned the advice and documented why they accepted it.

The lesson

A careful, recorded process is the trustee's best protection. Outcomes alone do not decide liability.

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