News & Analysis as of

Valuation Employee Stock Ownership Plans

Polsinelli

ESOP Transactions and the Duty to Monitor Revisited

Polsinelli on

Key Takeaways: Board’s Duty to Monitor the Trustee: A company’s board of directors has a fiduciary duty to monitor the ESOP trustee’s actions in an ESOP transaction, ensuring that the trustee is acting in the exclusive...more

Offit Kurman

The Gray Tsunami: How Retiring Business Owners Can Prepare for a Successful Sale

Offit Kurman on

There is a significant demographic shift headed our way known as the “gray tsunami,” as a very large portion of the American population will reach retirement age and eventually exit the workforce. In fact, we are at a peak...more

Kaufman & Canoles

ESOPs, Benefits & Compensation Client Alert - January 2025

Kaufman & Canoles on

On January 16, the Department of Labor released long-awaited guidance on how to determine the value of employer stock in purchase and sale transactions involving an ESOP. Unfortunately for those in the ESOP community hoping...more

Bricker Graydon LLP

Navigating ESOP Transactions: Essential Steps to Minimize DOL Scrutiny from the Start

Bricker Graydon LLP on

In a recent court ruling, the US Department of Labor (DOL) prevailed against corporate directors and shareholders for claims related to an Employee Stock Ownership Plan (ESOP) transaction. ...more

Kaufman & Canoles

ESOP Community Waits for DOL Regulation on Valuation with Hope and Dread

Kaufman & Canoles on

As part of the comprehensive “SECURE 2.0” retirement plan legislation enacted in December 2022, Congress directed the U.S. Department of Labor (DOL) to issue a long delayed and much needed regulation defining the term...more

Jackson Lewis P.C.

You Need to Calm Down

Jackson Lewis P.C. on

On August 9, the IRS issued a news release, IR-2023-144, warning taxpayers and advisors of “numerous compliance issues” with ESOPs, such as “valuation issues with employee stock,” “prohibited allocation of shares to...more

Tonkon Torp LLP

Business Transition Planning In A Pandemic

Tonkon Torp LLP on

It is an open secret that many business owners, no matter how organized, regularly neglect an important task—developing their exit strategy. The right transition plan depends on the nature of the business and the...more

Holland & Knight LLP

Court Awards ESOP $6.5 Million for Overpayment, Finds That Trustee Breached Duty

Holland & Knight LLP on

The U.S. District Court for the Western District of Virginia has awarded the Sentry Equipment & Erectors Inc. Employee Store Ownership Plan (the ESOP) $6.5 million for the ESOP's overpayment for the founding shareholder's 52...more

Troutman Pepper Locke

Investment Management Update – Exit Strategies

Troutman Pepper Locke on

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter. This month, Mr. Nowak, is joined by Richard Juliano,...more

Troutman Pepper Locke

Investment Management Update – Exit Strategies (PowerPoint Slides)

Troutman Pepper Locke on

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter. This month, Mr. Nowak, is joined by Richard Juliano,...more

Holland & Knight LLP

DOL Settlement Agreement Provides ESOP Transaction Guidance

Holland & Knight LLP on

• The U.S. Department of Labor (DOL) and First Bankers Trust Services Inc. (FBTS) have entered into a settlement agreement filed in U.S. District Court for the Southern District of New York, resolving a case challenging FBTS'...more

Holland & Knight LLP

Fifth Circuit Decision Includes Important Holdings for ESOP Fiduciaries

Holland & Knight LLP on

The U.S. Court of Appeals for the Fifth Circuit affirmed on May 3, 2016, the holdings of the U.S. District Court for the Southern District of Mississippi on numerous issues involving the sale of closely held stock from a...more

Stinson - Benefits Notes Blog

What Should the Trustee of a Private ESOP Do?

The Department of Labor (DOL) recently entered into an agreement with GreatBanc Trust Company settling claims relating to its service as trustee of an employee stock ownership plan (ESOP) holding stock of a private company....more

Smith Anderson

The Season for ESOP Valuation Updates

Smith Anderson on

“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

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