An ESOP is a tax-qualified defined contribution employee benefit plan that invests in the plan sponsor's stock. ERISA provides rules for trustees and fiduciaries of ESOPs, and transactions involving ESOPs may lead to regulatory investigations or litigation.

Many complex issues arise when an ESOP purchases or sells stock. These cases center on the reasonableness of the discretionary fiduciary's process in evaluating the subject transaction, as well as valuation issues regarding the subject stock's fair market value. ESOP litigation has also expanded in recent years beyond stock purchase and sale transactions and into decisions fiduciaries and sponsors make regarding sustainability or other matters of routine plan administration, like the investment of non-stock assets.

Counsel must understand key legal theories and potential defenses along with recent trends in ESOP litigation to effectively implement appropriate litigation strategies for clients. ESOP sponsors and service providers must also stay up to date on ESOP litigation trends to protect themselves and their clients from litigation.

Listen as we discuss best practices in satisfying fiduciary duties in ESOP transactions and ongoing plan administration, legal issues that arise, and lessons learned from recent litigation to defend and minimize litigation.

Speakers:
José M. Jara, Counsel, Fox Rothschild
Andrew Salek-Raham, Principal, Litigation Practice Leader, Groom Law Group

Please note that there is a cost to attend and that CLE credits are available.