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The Tribune Bankruptcy and Breach of Fiduciary Duty Litigation over Its ESOP
Stephen Rosenberg, The Wagner Law Group Link to more items from this source
[Opinion]
Dec. 11, 2008
Excerpt: [N]ot too long ago and in a very prescient move, a number of participants in the Tribune's ESOP filed a breach of fiduciary duty suit related to Sam Zell's use of the ESOP stock in the transaction by which Zell or entities he controlled acquired the Tribune; we now are learning that this apparently deeply flawed transaction ... placed the ESOP plan participants' holdings at greater risk than the assets of others involved in funding the transaction, including Zell himself. Targeting the fiduciaries for possibly having allowed the ESOP assets to be used in a more risky way than others were willing to do with their own investments sure smells like a pretty credible theory to me.

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