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Shirk v. Fifth Third Bancorp

Client(s): Fifth Third Bancorp

Defended clients against claims brought under ERISA for alleged breaches of fiduciary duty arising out of (i) the defendants’ continued holding of, and investment in, Fifth Third stock in the Fifth Third Bancorp Master Profit Sharing Plan despite decreases in stock value resulting from a 2003 charge-off of approximately $82 million, and (ii) purportedly excessive and unreasonable fees charged to participants who invested in funds offered under the Fifth Third Bancorp Master Profit Sharing Plan; following extensive discover, KMK obtained summary judgment in favor of the defendants on all claims. 

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