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Finally, a Little Bit of Sanity in ESOP Litigation: Harris V. GreatBanc Trust Company
Chang, Ruthenberg & Long 
Apr. 3, 2013
"GreatBanc is a Central District of California case in which the DOL asked the court to void an indemnification agreement between an ESOP fiduciary and a 100% ESOP-owned company. The DOL based its request on the purported rationale of the [Johnson v. Couturier case in the 9th Circuit] that ERISA section 410(a) barred such an agreement. The court declined the DOL's request.... The GreatBanc decision returned to the traditional understanding of the DOL's plan asset regulations that distinguish corporate assets from plan assets -- a view that allows plan sponsors to indemnify ESOP fiduciaries."
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