May 10, 2005

Company Stock in ESOPs, 401(k) Plans Still Being Litigated

NCEO founder and senior staff member

Although press attention to the matter has subsided, there are still dozens of lawsuits in various stages of development over company stock in 401(k) plans and ESOPs (mostly the former). Seattle law firm Keller Rohrback has been the most aggressive litigator by far, with about two dozen cases.

So far, no compelling legal conclusions can be drawn from the cases, with most decisions having been made on whether suits can proceed. One major case, Enron v. Tittle, has settled.