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Employee Ownership Legal Digest

Stay informed on the latest legal developments impacting employee ownership. This page provides timely and concise summaries of key cases and rulings, contributed by experienced attorneys, to help the entire employee ownership community understand their implications, and also offers access to NCEO's archive of prior content.

Latest Cases

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Court Orders Plaintiffs to Submit Specific Factual Allegations in Rule 7 Reply in ESOP Lawsuit Against Alerus Financial

Christopher Wingard

The U.S. District Court for the Eastern District of California has ordered the plaintiffs in Dalton et al. v. Freeman et al. to submit specific factual allegations in a Rule 7 reply. This procedural ruling is the latest development in multi-year litigation arising from a 2020 ESOP redemption transaction.

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11th Circuit Affirms District Court Ruling that ESOP Arbitration Clause Is Invalid

Christopher Wingard

The United States Court of Appeals for the Eleventh Circuit affirmed a district court ruling that invalidated an arbitration provision in an employee stock ownership plan sponsored by A360, Inc. (the “ESOP”), holding that the clause unlawfully waived participants’ statutory rights under ERISA. This ruling affirms the earlier procedural decision that allowed the claims to proceed. For the full history of the initial district court case and the underlying arbitration dispute, see the original NCEO Legal Digest entry: Court Rules Arbitration Clause Does Not Apply in A360 ESOP Termination Lawsuit.

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80/20 ESOP Fiduciary Dispute Reaches Settlement in Principle

Christopher Wingard

On December 19, 2025, the parties to a multi-year dispute regarding 80/20 Inc.’s Employee Stock Ownership Plan (ESOP) filed a joint notice of settlement in federal court. For a history of the underlying “rightful buyer” claim, see the original NCEO Legal Digest Post: Claim that ESOP is rightful buyer of company dismissed, but other claims allowed to continue.

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Meet Our Authors

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Headshot of Alan H. Kandel

Alan H. Kandel

Alan H. Kandel is a Partner at Husch Blackwell specializing in Employee Benefits and Executive Compensation. He counsels a wide variety of clients—including ... »

Headshot of Christopher Wingard

Christopher Wingard

Chris is an associate in Kleinbard’s Business & Finance Practice. He advises corporations, shareholders, directors and employee stock ownership plan (ESOP) ... »

Headshot of Corey Rosen

Corey Rosen

NCEO founder and senior staff member

Headshot of Griffin O'Gara

Griffin O'Gara

Griffin F. O'Gara is an Associate in Krieg DeVault's Employee Benefits and Executive Compensation Practice. Mr. O'Gara primarily devotes his practice to ... »

Headshot of James G. Steiker

James G. Steiker

Jim is Co-Chair of Stevens & Lee's ESOP Group and Chairman of SES ESOP Strategies, with over 35 years of experience in ESOP design, transactions, and ... »

Headshot of Lauren Wood

Lauren Wood

Lauren Wood, Associate Attorney at Employee Benefits Law Group PC Guidance, is involved in several areas of employee benefits with a primary focus on issues ... »