ERISA Litigation and Employee Stock Ownership Plans: The Evolving Landscape of Claims Against Fiduciaries and Non-Fiduciaries
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will guide counsel, advisers, trustees, and administrators on procedures and fiduciary responsibilities in employee stock ownership plan (ESOP) transactions and cover recent court rulings. The panel 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
- Fiduciary review process: projections, documentation, and reliance
- Valuation considerations
- Best practices for defending and minimizing litigation
Benefits
The panel will review these and other key issues:
- Recognizing guidance for fiduciaries in ESOP transactions
- Understanding the necessary policies and procedures to be followed by trustees and other fiduciaries of ESOPs
- Understanding that non-fiduciaries can be held liable when they engage in transactions involving ESOPs
- Lessons from recent ESOP litigation, including new theories of liability
- Proper documentation of valuation reports and other due diligence
- Critical steps during the fiduciary review process and mitigating the risk of litigation
Faculty
R. Joseph Barton
Managing Partner
The Barton Law Firm
Mr. Barton, the Managing Partner of the Firm has over two decades of experience handling a diverse array of... | Read More
Mr. Barton, the Managing Partner of the Firm has over two decades of experience handling a diverse array of complex and class litigation. He has a Martindale-Hubbell AV Preeminent Rating, has been selected every year since 2013 as a Washington, D.C. Super Lawyer, has a 10.0 rating from Avvo, and is listed in the Marquis’ Who’s Who in America as well as Who’s Who in American Law.
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Dylan Rudolph
Of Counsel
Morgan, Lewis & Bockius
Mr. Rudolph represents plan sponsors, trustees, and other fiduciaries in a wide range of ERISA and employee... | Read More
Mr. Rudolph represents plan sponsors, trustees, and other fiduciaries in a wide range of ERISA and employee benefit cases, including complex ERISA class actions involving 401(k) and 403(b) defined contribution plans, Employee Stock Ownership Plans (ESOPs), traditional defined benefit pension plans, multiemployer “Taft-Hartley” plans, and executive compensation arrangements. In addition to his litigation practice, he represents plan sponsors and fiduciaries in investigations by the US Department of Labor, Internal Revenue Service, and Securities and Exchange Commission, and advises fiduciaries on best practices and risk mitigation. Mr. Rudolph frequently speaks and writes on employee benefits matters. He serves as an advisory board member of The ESOP Association’s Legislative and Regulatory Committee, vice-chair of the American Bar Association’s Tort Trial and Insurance Practice Section, and co-editor of the ABA TIPS Newsletter.
CloseEarly Discount (through 04/04/25)