ESOP Association Conference

November 9, 2012
ESOP Association
Las Vegas, Nevada

Harvey M. Katz spoke at the ESOP Association Conference on a session entitled "DOL Enforcement and ESOPs."

This session examined positions being taken by the DOL in litigation/amicus briefs and investigations, including novel theories about valuation in ESOP transactions, the blurring of the distinction between corporate assets and plan assets, the unenforceability of indemnification agreements and the attack on the Moench presumption.

The session helps to answer the question "what are lawabiding ESOP companies and fiduciaries to do?"