ESOP Litigation: Recent Cases, Legal Theories, Prohibited Transactions, Disputes Involving Service Providers
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide counsel on procedures and fiduciary responsibilities in employee stock ownership plan (ESOP) sales transactions, review recent court rulings, and offer tactics for handling litigation involving ESOPs. David Johanson will discuss best practices in satisfying fiduciary duties in ESOP transactions, legal issues that arise, and lessons learned from recent cases to defend against and minimize litigation.
Outline
- Fiduciary duties, policies, and procedures of ESOP transactions
- Recent court rulings and developments
- Key ESOP litigation tactics and missteps to avoid
- Best practices for defending and minimizing litigation
Benefits
The panel will review these and other key issues:
- Recent ESOP litigation, including new theories of liability
- Critical steps during an ESOP transaction to avoid litigation risks
- Handling ESOP litigation and pitfalls to avoid, including important privilege issues in the evidentiary record for an ESOP transaction
Faculty
David R. Johanson
Senior Partner
Hawkins Parnell & Young
Mr. Johanson assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related... | Read More
Mr. Johanson assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, ESOPs, ESOP transactions, mergers and acquisitions and related tax planning, and business succession and estate planning. He defends ERISA fiduciaries, plan sponsors, selling shareholders, and investment advisers in ERISA litigation matters involving ESOPs and business transactions in federal and state courts throughout the country in a wide range of controversies covering ERISA fiduciary responsibilities, ESOP valuation disputes, disclosure obligations, investment issues, and tax matters. He has extensive experience in negotiating ESOP, ERISA, and other issues with government regulatory agencies and in representing ERISA fiduciaries in litigation. Recognized nationally for his experience and expertise in the ESOP and executive compensation field, he is a past chair of the legislative and regulatory advisory committee of The ESOP Association.
Close