U.S. Department of Labor ESOP Investigations and Litigation

02 Sep , 2022

To register for the upcoming live webinar, please Click Here

This program will review how the Department of Labor approaches ESOP investigations and how that has frequently escalated to litigation. Using late 2021 decision of the Federal District Court for the District of Hawaii, David Johanson, the lead trial counsel in the case, will review the process of how a successful defense judgment was obtained by the ESOP selling shareholders and how all the Department of Labor allegations that the ESOP paid greater than fair market value were successfully defeated. 

The program will also cover how the DOL allegations regarding the monitoring of an independent trustee were defeated and why the allegations regarding the purported inflation of profitability projections for the ESOP sponsor were rejected by the Court. A discussion of the post-trial rulings and other recent ESOP case law will be included as well as a review of best practices to avoid the threat of DOL claims in ESOP transactions. 

The program will also include an update on the pending federal legislation mandating that the Department of Labor issue proposed regulations for public comment on the ESOP adequate consideration standard.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Federal Contractor B...

As the largest purchaser of goods and services in the world, the United States Government requires f...

AI Governance Basics...

This presentation provides a basic overview of AI governance in the United States for in-house attor...

Corporate Counsel’...

Class action litigation continues to expand in both number of filings and monetary exposure, with se...

Navigating the Lifec...

Class action litigation presents significant legal and business challenges for employers and corpora...

New York City’s Pi...

New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...

Defense Strategies f...

Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...

How to Respond to Sh...

Adverse and derogatory information often has devastating effects on a contractor's ability to win co...

Artificial Intellige...

"Artificial Intelligence and the Practice of Law" (updated through 2026), is a 50-slide primer desig...

The Aftermath of Sca...

The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...

Federal Contractor R...

During this course, you will learn about best practices and strategies for retaining intellectual pr...