"The DOL sued the ESOP trustee and the plan sponsor company in connection with a transaction under which the ESOP became the 100% owner of the company's stock. The ESOP trustee's engagement agreement with the company contained a defense and indemnification provision.... The court recognized that, as a general rule, the 'plan-asset rule' provides that assets of an operating company that sponsors an ESOP or other employee benefit plan are not assets of the plan and that, absent facts like those in Couturier, there is no legal basis to treat defense and indemnity payments by a 100% ESOP-owned company as if they were payments by the plan itself."  MORE >>