According to both district and appellate court rulings, the ESOP fiduciaries knowingly offered the employer stock at an inflated price.
This is the question in a petition before the Supreme Court in a case involving a leveraged buyout of an ESOP.
The U.S. Department of Labor is suing the fiduciaries of a Vermont employee stock ownership plan for violations of the Employee Retirement Income Security Act.
To appreciate the riskiness of a stock intimately involves its market valuation, and to argue that the ESOP fiduciaries should have been able to outguess the market’s valuation is inherently unfair absent special circumstance, such as fraud.
The fiduciaries did not follow terms of the plan document when paying out participants upon plan termination, a federal court found.
Wells Fargo faces a third ERISA stock drop lawsuit in the U. S. District Court for the District of Minnesota.
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The owner of Sentry Equipment Erectors, Inc. sold his shares to the plan at $406 per share, much greater than prices at which participants had previously sold their shares.
Another participant in a Wells Fargo retirement plan is accusing the bank of breaching its fiduciary duty in the management of company stock offered as a retirement plan investment option.
The judge noted that the “right to a particular form of investment (e.g., investment in employer stock or securities)” is not a protected benefit under the IRC anti-cutback provision.
A federal judge ruled the lead plaintiff does not have standing to bring his claim because he never purchased or sold ADRs of Sanofi during the alleged period of artificial price inflation.
An appellate court has sent the case back to a lower court after finding that BP's ESOP participants did not meet all pleading standards set by the U.S. Supreme Court.
Employees of Antioch sued the company over a transaction to make the ESOP 100% employee-owned years before the company filed bankruptcy.
Key aspects of the ERISA-based complaint are back under consideration in light of the Supreme Court's 2014 decision in Fifth-Third Bancorp vs. Dudenhoeffer.
Terms of Conco Inc.'s reorganization plan do not allow ESOP participants to sell shares to a third party, a court found.
The recent judgement against AIT Laboratories adds nearly $3.5 million to previous collections, now totaling more than $7 million.
An appellate court agreed with a lower court that the fiduciaries failed to act in participants’ best interest and to monitor providers.
According to the settlement agreement, more than 21,000 class members will share in the nearly $10 million payment.
A district court judge said her reading of the U.S. Supreme Court's decision in Fifth Thirdv. Dudenhoeffer does not preclude application of the "alternative action" standard to closely held companies.
Johanson agreed to some of the broadest restrictions the department has sought to date on an attorney's ability to advise parties concerning transactions that involve employee benefit plans covered by ERISA, the DOL says.