Stay informed on the latest legal developments impacting employee ownership with timely and concise summaries of key cases and rulings. Learn more about this digest »
Christopher Wingard
At the motion to dismiss stage, a North Carolina federal district court permitted most ERISA fiduciary-breach claims, brought by former Hollandia Produce Group, Inc.’s employees on behalf of the company’s ESOP, to proceed against GreatBanc Trust Company (the ESOP trustee); Mosaic Capital Investors I, LP; True West Capital Partners Fund II, L.P.; certain other defendants; and attorney Michael Zeller.
Lauren Wood
The court granted the plaintiffs’ motion for class certification in the ongoing action arising from the termination of ISCO Industries’ Employee Stock Ownership Plan (ESOP). In 2012, the Kirchdorfer family sold all the shares of ISCO Industries, Inc. (ISCO) to the ESOP for approximately $98 million.
Allison Wilkerson
On February 3, 2026, a court granted preliminary approval of the parties’ proposed class settlement in LeDuc et al. v. Paredes et al., allowing an $8.75 million ACCT ESOP settlement to proceed to notice and final approval.
David Joffe
The plaintiffs in this case filed a lawsuit in 2021 alleging that the trustee of the company’s ESOP and certain individuals breached their fiduciary duties by overpaying for the company's stock. The trustee asserted that the plaintiff’s claims were subject to arbitration. In Robertson v. Argent Trust Company
Christopher Wingard
A federal district court in the Central District of California has allowed several ERISA claims to move forward in a class action suit brought by ESOP participant Gustavo Moran against the ESOP Committee of the Aluminum Precision Products, Inc. Employee Stock Ownership Plan.
Tabitha Croscut
The Appvion, Inc. Retirement Savings and Employee Stock Ownership Plan (ESOP) owned 100% of Paperweight Development Corporation's stock. In 2017, Paperweight Development Corporation (PDC) and its subsidiary Appvion, Inc. filed for bankruptcy, leaving the PDC stock worthless.
Wendy Gilligan
On November 4, 2025, the California Office of Tax Appeals (“OTA”) issued a nonprecedential decision in a dispute between appellants A. Varela and J. Varela and respondent Franchise Tax Board (“FTB”), regarding the tax treatment of Mud Management, Inc. (“Mud”).
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.
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.
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.
