Compliance | August 21st, 2019 Court Says Participant Misunderstood Valuation for ESOP Purchase A federal district court judge found that since shares for the ESOP were purchased with borrowed funds, the subsequent lower...
Compliance | August 20th, 2019 Court Orders Fiduciaries to Restore $6.5 Million to ESOP The court found as a fiduciary to the ESOP, Evolve Bank failed to notice, question or investigate several red flags...
Compliance | August 8th, 2019 Court Issues Mixed Ruling in Case Over ESOP Stock Purchase The court decision highlights the difficulty in determining the fiduciary status of parties and of making claims for equitable relief...
Data and Research | June 12th, 2019 Study Finds Benefits of ESOPs for Employees and Employers Among other things, workers with employee ownership experienced layoffs six times less often than those without, and employee turnover can...
Compliance | May 28th, 2019 Severance Agreement Bars Former Employee From Suing Over ESOP A federal court judge cited a 5th U.S. Circuit Court of Appeals decision in Chaplin v. NationsCredit Corp. that concluded,...
Benefits | May 24th, 2019 ESOPs More Valuable Than Just a Retirement Savings Vehicle Employee stock ownership plans (ESOPs) have been shown to provide a higher retirement savings balance than other plan types, and...
Compliance | April 3rd, 2019 Prevention the Key to ESOPs Not Violating Nonallocation Year Rules The IRS explains that the rules under IRC Section 409(p) are designed to prevent a group of “disqualified persons” from...
Administration | March 20th, 2019 ESOPs As a Retirement, and Succession, Plan ESOPs can help employees amass greater retirement benefits, as well as help business owners keep control in planning for the...
Data and Research | December 6th, 2018 Workers in ESOPs Have Double the Retirement Savings ESOP participants have an average retirement balance of $170,326, more than twice the $80,339 that other workers have saved
Data and Research | October 31st, 2018 Companies With ESOPs Report Advantages for Business In addition, 55% of responding companies contributed to their ESOPs an amount equivalent to 11% or more of participants’ pay—far...
Compliance | October 8th, 2018 Members of Congress Ask Trump to Protect ESOPs In a letter, members of Congress accuse the DOL of “regulation through litigation” and ask that clear guidance regarding valuation...
Compliance | October 4th, 2018 Reliance Trust Settles DOL Lawsuit Over ESOP Valuation The lawsuit alleged that employee stock ownership plan participants overpaid for company stock.
Compliance | August 15th, 2018 Pro-ESOP Bill Signed Into Law Among other things, the Main Street Employee Ownership Act focuses on increasing the role of the Small Business Administration (SBA)...
Compliance | July 9th, 2018 Stock Drop Lawsuit Tied to Allergan-Actavis Acquisition Dismissed Ruling in favor of a detailed motion to dismiss filed by defendants, the court cites a long list of precedent-setting...
Compliance | July 2nd, 2018 Cactus Feeders ESOP Fiduciaries Agree to Sizable DOL Settlement Lubbock National Bank, the ESOP’s trustee, has also agreed to take steps that will ensure it fulfills its fiduciary obligations...
Compliance | May 11th, 2018 Bill Would Encourage Small Businesses to Create ESOPs The bill would amend Section 7(a) of the Small Business Act, expanding loans to small business employers for the purpose...
Compliance | May 9th, 2018 ESOP Fiduciaries to Pay More Than $2 Million to Settle DOL Lawsuit The Department of Labor sued Sonnax Industries, company officers and ESOP fiduciaries Tommy Harmon and Frederick Fritz, and Illinois-based First...
Compliance | March 16th, 2018 Two ESOP Bills Would Promote Employee Ownership Both, one in the House and one in the Senate, have bipartisan support
Compliance | January 9th, 2018 6th Circuit Rules for Eaton Corp. in ESOP Suit The appellate court agreed with a lower court that plaintiffs did not meet pleading standards set forth in the Supreme...
Compliance | December 26th, 2017 Tax Reform Bill Could Impact ESOP Deductions Newly leveraged ESOPs that borrow a large amount relative to their earnings could find their deductible expenses decrease.