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Court Awards ESOP $6.5 Million For Overpayment, Finds That Trustee Breached Duty
A U.S. District Court has rendered a $6.5 million judgment in favor of an employee stock ownership plan for the ESOP's overpayment for the founding shareholder's majority interest in the company.
United States
22 Aug 2019
2
Courts Continue To Rule On Retirement Plan Mandatory Arbitration Provisions
Some retirement plans, including employee stock ownership plans (ESOPs), have in the past few years included terms and provisions that require participant breach
United States
29 Mar 2019
3
Ninth Circuit: Individual Employment Provision Cannot Compel Arbitration Of 409(A) Claim
Holland & Knight recently published an alert regarding how the U.S. Supreme Court's decision in Epic Systems Corp. v. Lewis may affect employee stock ownership plans (ESOPs).
United States
9 Aug 2018
4
The Potential Impact Of Supreme Court's Epic Systems Decision On ESOPs
The U.S. Supreme Court's long-awaited decision on May 21, 2018, in Epic Systems Corp. v. Lewis held that mandatory individualized arbitration clauses in employment agreements are enforceable...
United States
25 May 2018
5
DOL Enters Into 5th Settlement Agreement With An ESOP Trustee – And It Looks Familiar
The U.S. Department of Labor has entered into a fifth settlement agreement with the trustee of an employee stock ownership plan (ESOP).
United States
15 May 2018
6
DOL Enters Into Another Settlement Agreement With ESOP Trustee
The U.S. Department of Labor (DOL) closed out 2017 by entering into yet another settlement agreement with the trustee of an employee stock ownership plan (ESOP).
United States
2 Mar 2018
7
Further ESOP Transaction Guidance Set Forth In Latest DOL Settlement Agreement
On the heels of a recent settlement agreement with an institutional ESOP trustee, the U.S. DOL and individual trustee James F. Joyner III entered into a settlement agreement filed on Sept. 29, 2017...
United States
17 Oct 2017
8
DOL Settlement Agreement Provides ESOP Transaction Guidance
The U.S. Department of Labor (DOL) and First Bankers Trust Services Inc. (FBTS) have entered into a settlement agreement filed in U.S. District Court for the Southern District of New York...
United States
4 Oct 2017
9
Seventh Circuit Rejects Dudenhoeffer Applicability To Privately Held Stock
The U.S. Court of Appeals for the Seventh Circuit's Aug. 25, 2016, decision in Allen v. GreatBanc Trust Co., No. 15-3569, made it the first court in a published opinion...
United States
22 Sep 2016
10
District Court Rules On ERISA Liability Of Board And ESOP Advisory Committee Members In ESOP Transactions
On Sept. 1, 2016, the U.S. District Court for the Northern District of Illinois issued its decision in the Antioch employee stock ownership plan (ESOP) fiduciary litigation.
United States
13 Sep 2016
11
Fifth Circuit Decision Includes Important Holdings For ESOP Fiduciaries
The U.S. Court of Appeals for the Fifth Circuit affirmed the holdings of the U.S. District Court for the Southern District of Mississippi on numerous issues involving the sale of closely held stock from a company's owner to the company's employee stock ownership plan.
United States
16 May 2016
12
Supreme Court: ERISA Pre-empts Law Requiring Reporting To State Healthcare Database
This case arose after an ERISA plan's third-party administrator was directed to report plan data to a Vermont agency.
United States
18 Mar 2016
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