Employee Ownership Legal Digest
José Jara

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José is Counsel at Fox Rothschild LLP in Morristown, NJ, where he focuses his practice on ERISA and employment litigation and counseling. He represents corporations, pension funds, boards of trustees, Employee Stock Ownership Plans (ESOPs), and plan fiduciaries in matters involving ERISA compliance, fiduciary responsibilities, prohibited transactions, and class action litigation alleging breach of fiduciary duty, including excessive fees, imprudent investments, and improper valuation of employer stock. Before joining Fox Rothschild, José served as a senior pension law specialist and investigator with the U.S. Department of Labor's Employee Benefits Security Administration.

José Jara

Court Denies Partial Summary Judgment in Envision ESOP Fiduciary Case, Sending Claims to Trial

A federal district court in Colorado denied the Envision defendants’ motion for partial summary judgment on multiple ERISA claims arising from an ESOP transaction. Plaintiffs, on behalf of themselves and the Envision Management Holding, Inc. ESOP, alleged that the company’s Board of Directors, the ESOP Committee, and Argent Trust Company, among other individual defendants, breached their fiduciary duties in connection with the ESOP transaction.

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José Jara

Court Dismisses ESOP Fiduciary Breach and Prohibited Transaction Claims for Failure to Plead Fiduciary Conduct

A federal court in Illinois dismissed ERISA fiduciary breach and prohibited transaction claims brought by former executives against Meadowvale, Inc., its ESOP Committee, two company executives, and QHI, LLC, finding the complaint failed to plead that any defendant acted in a fiduciary capacity.

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