Corey Rosen
House Ways and Means Committee chair Mike Kelly (R-PA) and committee member Jimmy Panetta (D-CA) have introduced the Promotion and Expansion of Private Employee Ownership Act of 2025. The proposal does not yet have a bill number. The bill was introduced with six cosponsors equally split between both parties. The bill is identical to S. 2515 in the last Congress.
Corey Rosen
ESOP legal experts suspect that the recent unanimous Supreme Court decision in Cunningham v. Cornell University, No. 23-1007 (U.S. Apr. 17, 2025) will make it easier for plaintiffs to file lawsuits against ESOP fiduciaries. The issue in Cornell related to ERISA’s prohibited transaction provisions and the many statutory exemptions. Under ERISA, fiduciaries are prohibited from causing plans to engage in transactions with parties in interest, subject to exemptions, including the adequate consideration exemption that authorizes ESOP stock transactions in employer stock. The question in Cornell was whether plaintiffs could adequately plead a violation of ERISA’s prohibited transaction provisions by simply stating that a transaction with a party in interest occurred, or whether plaintiffs must also plead that an exemption does not apply. Federal circuit courts have been split on this question, with some holding that plaintiffs had to plead facts to plausibly state that an exemption did not apply and others holding that plaintiffs do not have to address the exemptions. In Allen v. GreatBanc (7th Cir. 2016), the Seventh Circuit held that the plaintiffs stated a plausible breach of ERISA’s prohibited transaction provisions merely by alleging that the ESOP’s stock value dropped after the sale, that the ESOP transaction was financed by the seller, and that the loan’s interest rate was high. The Seventh Circuit did not require the plaintiffs to plead the absence of any prohibited transaction exemptions.
Jaymie Oviedo
As the event director for this year's Annual Employee Ownership Conference, I've finally caught my breath after what can only be described as our most successful gathering yet. Our 43rd Annual Conference brought us to Salt Lake City for the first time, where we welcomed a record-breaking 2,173 attendees!
Corey Rosen
Timothy Garbinsky
Apis & Heritage Capital Partners has been named the recipient of a Skoll Foundation Award for Social Innovation. The award, which includes a $2 million prize, "shines a light on the extraordinary leaders and organizations advancing transformational social change to create a more sustainable, peaceful, and prosperous world for all," according to a recent press release for the award.
Kimberly McCourtney
Financial literacy isn’t a luxury—it’s an essential. It gives people the tools to make smart decisions, build independence, and move toward the goals that matter most to them. As the saying goes, without knowing, there can be no doing.
Corey Rosen
The Annual Economic Survey of Employee Share Ownership in European Countries, 2024 (PDF) from the European Federation of Employee Share Ownership shows that while the number of employee share plans has increased, the percentage of employees participating in these plans has decreased somewhat. The report is primarily focused on large publicly traded companies in Europe. Most of the plans that are broad-based are some form of stock purchase plan. The report says that 6.7 million employees participate in employee ownership plans in Europe, or about one in five employees in all large public companies. Nonmanagement employees own an average of 1.7% of the shares in these companies.
The report notes that since 2014, when the European Parliament passed legislation that provided a tax exclusion for sales to employee ownership trusts (EOTs), 2,100 EOTs have been set up, including 600 in 2024 alone. These companies employ about 150,000 employees. That means the rate of EOT formation in the UK is growing several times as fast as ESOPs are in the US when the relative sizes of the two countries are taken into account. The UK EOT model has simpler rules than the US ESOP model. Employees participating in EOTs are not owners in the conventional sense of the term, however. Instead the trust is designed to be a permanent owner, with employees getting dividends or profit sharing from the company.
The report also finds that there are 762 privately held companies that have more than 100 employees and are employee-owned, 261 of which are UK EOTs and most of the rest of which are worker cooperatives across the continent.
Megan Bonwell
This July, the NCEO will host Is an ESOP Right for You? in San Diego, bringing together leading experts to explore ESOPs as a succession strategy. The two-day event (July 14–15, 2025) at Hotel Republic features an impressive lineup of speakers with diverse backgrounds in employee ownership.
Corey Rosen
Matthew Licina
Facing a budget deficit, Washington Governor Bob Ferguson is looking to potentially eliminate the state’s employee ownership program, which just got underway in 2024 and is similar to one in Colorado. Representative Adison Richards, a Democrat, has introduced HB 2407, a bill that would eliminate the program and its funding.
