ESOP

Court Upholds Validity of ERISA Fiduciary Indemnification

by David Ackerman, John Kober | Morgan Lewis on 5/7/2013

Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee....more

Legal Alert: President's 2014 Budget Includes Employee Benefits Proposals

by Adam Cohen, Carol McClarnon, Alice Murtos, Joanna Myers, Vanessa Scott, W. Mark Smith, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 5/1/2013

On April 10, 2013, the White House released its Fiscal Year 2014 Budget (the Budget), which includes a number of proposals related to employee benefit plans. Although it is unlikely that all of the proposals will ultimately...more

The Season for ESOP Valuation Updates

by Caryn McNeill | Smith, Anderson, Blount, Dorsett, Mitchell &... on 4/4/2013

“In the spring a young man’s fancy lightly turns to thoughts of … [ESOP updates]?” With apologies to Tennyson, this is the time of year when trustees of Employee Stock Ownership Plans, or “ESOPs,” begin to receive and...more

The University Of Miami’s Heckerling Institute On Estate Planning Conference

by Patrick Lannon | Bilzin Sumberg Baena Price & Axelrod LLP on 2/13/2013

The University of Miami School of Law recently completed its presentation of the 47th Annual Heckerling Institute on Estate Planning. The Institute, which has been held in Orlando for the last several years is the nation’s...more

Why Architecture And Engineering Firms Make Great ESOP Candidates

by David Solomon | Levenfeld Pearlstein on 1/8/2013

Originally published in SRR, on October 1, 2011. Government statistics estimate that approximately every eight seconds another individual born during the baby-boomer generation passes the age of 55 – one step closer to...more

Credit Availability Increasing? . . . “Yes” for Employee Stock Ownership Plans (part 2)

by Keith Mullen | Winstead PC on 7/20/2012

Credit availability seems to be improving in the commercial markets. One common (and obvious) test for new commercial lending is “how will the borrower fare in the tough times, or a stress test?” Generally, loans to...more

Prospecting for a Niche Commercial Borrower? An ESOP Loan Might Be Your Punch

by Keith Mullen | Winstead PC on 7/11/2012

“ESOP” loans can be both an “exit” strategy for a company in distress (and its lenders), and an “entrance” opportunity for lenders targeting the right prospect. Lending to an ESOP company can hit the mark coming (good times)...more

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