In an ERISA action for breach of fiduciary duty through the diversion of corporate assets, a preliminary injunction in favor of plaintiffs is affirmed where the district court did not abuse its discretion when it enjoined advancement of defense costs and froze defendant's assets; but the matter is remanded to allow the district court to set the terms and conditions of a surety bond sufficient to secure defendants against any harm that might wrongfully befall them as a result of the issuance of the injunction.
Argued and Submitted May 7, 2009
Filed July 27, 2009
Opinion by Judge Tallman
Gary D. Greenwald, Keller Rohrback, PLC, Phoenix, AZ