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What the Supreme Court's Dudenhoeffer Decision Means for ESOPs

NCEO Webinar replays are the recorded version of our live Webinars, using PowerPoint presentations viewed online. To purchase a twelve-month subscription providing unlimited access to all recorded Webinars, including this one, follow this link. (Replays are not available for individual purchase.) Please contact our Colleen Kearney at 510-208-1311 or for additional information.

This replay was recorded on February 10, 2015.

About This Meeting

In Fifth Third v. Dudenhoeffer, the Supreme Court ruled that ESOP fiduciaries are no longer presumed to be prudent when investing in company stock, but also laid out a series of guidelines that may make it more difficult for many plaintiffs to prevail. This Webinar will review what the court decided with a particular focus on what it means for private companies.


What the Supreme Court's Dudenhoeffer Decision Means for ESOPs
Karen D. Ng and Charles Dyke, Nixon Peabody LLP


Charles Dyke

presenter photologo

Nixon Peabody LLP

Chuck is in the San Francisco office of Nixon Peabody LLP where he leads the firm's ERISA litigation practice. His experience includes litigating ESOP cases, defending complex breach of fiduciary duty claims, litigating pension plan termination cases, and handling appellate matters. In 2014, Chuck filed an amicus brief in the Supreme Court in Fifth Third Bancorp v. Dudenhoeffer as counsel of record for the ESOP Association. Chuck has been recognized as a "Northern California Super Lawyer" each year since 2007 and is listed in Best Lawyers in America. Chuck speaks and writes on ERISA litigation topics.

Karen D. Ng

presenter photologo

Nixon Peabody

Karen is an attorney who focuses on ERISA and employee benefits matters with an emphasis on ESOPs. She has extensive experience with the design, implementation and administration of ESOPs, pension plans, profit sharing plans, and 401(k) plans, and advises clients on structuring ESOP transactions involving both closely held and publicly traded companies.