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Retirement Plan › Fiduciary Duty › Employee Stock Purchase Plans

Bradley Arant Boult Cummings LLP

How to Protect Your ESOP from Lawsuits Over Cash Holdings

Bradley Arant Boult Cummings LLP on

At least four lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has...more

Kaufman & Canoles

ESOPs, Benefits & Compensation Client Alert - January 2025

Kaufman & Canoles on

On January 16, the Department of Labor released long-awaited guidance on how to determine the value of employer stock in purchase and sale transactions involving an ESOP. Unfortunately for those in the ESOP community hoping...more

Husch Blackwell LLP

Anatomy of an ESOP

Husch Blackwell LLP on

ESOPs can pay fair market value for the stock: Stock purchased by an ESOP must be appraised by an independent third party expert working with a trustee for the ESOP who must also be independent from the seller. The ESOP is...more

ArentFox Schiff

Supreme Court Opinion Sheds No Light on Elusive Stock-Drop Pleading Standard

ArentFox Schiff on

In January, the Supreme Court issued its highly anticipated opinion in Retirement Plans Committee of IBM v. Jander, No. 18-1165, a case that promised to clarify the pleading standard applicable to ERISA stock-drop cases. But...more

Foley Hoag LLP - White Collar Law &...

Supreme Court Set to Re-Evaluate Pleading Standards for Claims Alleging Breach of Fiduciary Duty of Prudence Under ERISA

Foley Hoag LLP - White Collar Law &... on

On November 6, 2019, the Supreme Court will hear oral argument for Retirement Plans Committee of IBM v. Jander to expand on its “more harm than good” pleading standard articulated in Fifth Third Bancorp v. Dudenhoeffer. Both...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Yes, a Fiduciary was held personally liable

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

In my practice, I always talk about how plan fiduciaries can be held personally liable for any issues regarding their retirement plan. Many plan sponsors just don’t pay any attention to that threat until they see it happen to...more

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