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ESOP Companies and ESOP Fiduciaries: Standard of Fiduciary Duties, Pleadings Requirements, and Asset Sales

Strafford

Aug. 23, 2017
Recorded Online
Webcast

Recorded August 23, 2017

Lessons From Recent Case Law for Minimizing and Defending Litigation

The Supreme Court’s Dudenhoeffer ruling eliminated and replaced the presumption of prudence rule for ERISA fiduciaries of plans designed to invest in company stock with a pleading requirement that plaintiffs demonstrate the fiduciary acted imprudently.

While the ruling complicates plaintiff challenges of fiduciary decisions regarding employer stock, plaintiffs have adjusted their strategies in pleading breach of fiduciary duty. Furthermore, at least one appellate court ruling limits Dudenhoeffer to ESOPs that hold publicly traded stocks.

Listen as our panel of attorneys provides ERISA counsel with a review of ERISA fiduciary duty standards post Dudenhoeffer and its progeny, and offers lessons learned from recent litigation for ESOP companies and their fiduciaries in defending and minimizing litigation.

The panel will review these and other key issues:

  • The impact of the Supreme Court’s Dudenhoeffer decision on fiduciary duty standards for ESOP companies and ESOP fiduciaries
  • Lessons from recent ESOP litigation
  • Complex issues arising when an ESOP company sells its assets rather than its stock

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