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ESOPs: Common Sense Required
Harrison Fiduciary Group Link to more items from this source
June 10, 2014
"ESOPs present a unique challenge when it comes to risk. That is, the company stock held by the ESOP is the sole asset held by the plan ... In the context of [a recent Seventh Circuit case], once the deal was characterized as 'aggressive', it was then the fiduciary's responsibility to dig in. What gives rise to the nature of the aggressive nature of the deal? Are there ways to mitigate the aggressiveness? Can the plan be adequately compensated for the risk inherent in the transaction?" [Fish v. GreatBanc Trust Company, No. 12-3330 (7th Cir. May 14, 2014)]

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