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 »
Corey Rosen
In Wong v. Flynn-Kerper, No. 19-56289 (9th Cir., June 7, 2021), the Ninth Circuit overrode a lower court dismissal of a case in which plaintiffs sought to recover an alleged overpayment to the late Bernard Kerper from his widow. Kerper was the former trustee of an ESOP at Anaplex.
Corey Rosen
In Fink v. Wilmington Trust, NA, No. 1:19-cv-01193 (D-Del., motion for settlement approval June 8, 2021), Wilmington Trust NA agreed to pay $5.5 million to settle a proposed class action challenging Wilmington’s right in approving a 2014 $342 million transaction for an ESOP to purchase Nation Safe Drivers Corporation.
Corey Rosen
On April 14, 2021, the U.S. Department of Labor (“DOL”) issued a cybersecurity guidance package for ERISA plan sponsors. This is DOL’s first guidance directly addressing cybersecurity. The guidance includes three separate documents:
Corey Rosen
Wilmington Tr., N.A. v. Stout Risius Ross, Inc., No. 20 Civ. 2505 (S.D. NY, March 23, 2021). The lawsuit revolves around Stout’s role as the appraiser in Brundle v. Wilmington Trust, No. 17-1873 (4th Cir., March 21, 2019), which ended up in a $29.8 million judgment against Wilmington Trust over its role in the ESOP at Constellis.
Corey Rosen
In Wilson v. Craver, No. 18-56139 (9th Cir, April 19, 2021), the 9th Circuit Court upheld a lower court ruling that the plaintiff did not state a plausible course of alternative action Edison Electric executives could have taken that would have done more good than harm in a case involving a drop in Edison’s stock value in the company’s ESOP.
Corey Rosen
Settlement terms in the long-running stock-drop case Retirement Plans Committee of IBM v. Jander et al., No. 18-165 (U.S., Jan. 14, 2020) have been revealed.
Corey Rosen
In Great American Fidelity Insurance Company v. Stout Risius Ross, Inc. et al, No. 2:19-cv-11294 (E.D. Mi, March 4, 2021), a district court allowed Great American Insurance Company to proceed with claims it does not have to defend or indemnify the ESOP appraisal firm Stout Risius Ross over allegations about its valuation work for Appvion, an ESOP company that went bankrupt.
Corey Rosen
In Beck v. Austin, No. 19-CV-1453 (D.C., Minn., March 12, 2021), a court approved a $173,000 settlement against various defendants, including the CEO, of Starkey Laboratories, a hearing aid manufacturer.
Corey Rosen
In Stewart v. Saakvitne, No. 18-00155 SOM-WRP, (D. Haw., March 12, 2021), a district court denied summary judgment to former members of the board of directors of an ESOP firm, Bowers + Kubota, over an ESOP valuation case.
Corey Rosen
In Gamache v. Hogue, No. 1:19-CV-21, (M.D. Ga. March 3, 2021), a court certified class to allowed plaintiffs to proceed with a lawsuit alleging that a refinancing of a 97% ESOP that resulted in the two principals of the firm ending up with 40% of the shares was a violation.
