Employee Ownership Legal Digest
Wendy Gilligan

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Wendy Gilligan is the Founder of Gilligan Benefits Law, P.C., where she specializes in Employee Stock Ownership Plans (ESOPs) and ERISA compliance. With over 18 years of experience in practice, Wendy guides companies through the entire lifecycle of ESOP issues, including initial plan setup, ongoing plan maintenance, and navigating the complexities of plan termination or sale to a third party. Her practice focuses on delivering practical ERISA solutions to help companies keep their employee benefit plans in compliance and manage ERISA issues during mergers and transactions. Additionally, Wendy advises clients on thoughtfully-designed executive compensation plans, creating tailored solutions based on company valuation, performance targets, or a combination thereof.

Wendy Gilligan

Court Dismisses Lawsuit Over Fiduciary’s Failure to Report Breach of Duty within Statute of Limitations

 

Johns v. Morris, No. 5:23-CV-324-D (E.D.N.C. Sep. 29, 2025)

For details on the initial procedural ruling that granted the plaintiff standing to pursue his claims, see the original entry: Former Employee and Plan Fiduciary Can Pursue Lawsuit Over Improper Firing Over ESOP Valuation Dispute Issues.

On September 29, 2025, the U.S. District Court for the Eastern District of North Carolina approved the defendants’ motion for summary judgment and dismissed the plaintiff’s fiduciary breach claims in a case in which the former President of the company and trustee of the company’s ESOP claimed the ESOP’s other fiduciaries breached their duties by allowing the misuse of corporate assets, undervaluing the company’s stock and negatively impacting his ESOP account by not making contributions, in addition to dividend payments, to fund the distribution of terminated participants’ ESOP benefits.

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