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Seventh Circuit Says ESOP Dispute Cannot Be Arbitrated, Misunderstands Leveraged Transactions!
Faegre Drinker 
Sept. 27, 2021 "[T]he holding can be addressed by some careful drafting of arbitration language. But there is a broader, more pervasive problem ... in the Court's discussion of background facts that had nothing to do with the arbitration issue before the Court. The Seventh Circuit completely misunderstood the nature of a leveraged ESOP transaction and the difference between 'equity' value of ESOP stock and 'enterprise' value of the plan sponsor." [Smith v. Bd. of Directors of Triad Mfg., Inc., No. 20-2708 (7th Cir. Sept. 10, 2021)] MORE >> |
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