About the Webinar

Amicus Brief Filed in Lee v. Argent Trust Co. Provides Court with New Information

The plaintiff in Lee v. Argent Trust Co. filed an appeal with the United States Court of Appeals for the Fourth Circuit after the district court dismissed the complaint. In the Fourth Circuit, McDermott, Will & Emery LLP filed an amicus curiae brief on behalf of the American Society of Appraisers (“ASA”) and made several novel arguments supported by extensive Congressional materials. The ASA’s brief provides the Court with ERISA legislative history and other Congressional materials, and argues that the materials directly contradict many widespread misunderstandings about ESOPs and ESOP trustee fiduciary obligations. The ASA’s brief also explains that many plaintiffs, and some courts, have assessed “investment value” instead of “fair market value,” and that plaintiffs have led courts into error concerning the nature of a fair market value appraisal.

Join members of the McDermott Will & Emery ESOP Litigation team for a discussion of the amicus brief.

There are no prerequisites or advanced preparation required for this introductory-level session.

Field of Study: Specialized Knowledge

Delivery Method: Group Internet Based

For more information on the types of Continuing Education Credit offered please visit Continuing Education Credits for Meeting and Webinar Attendees.

Presenter(s)

Ted is a partner in McDermott Will & Emery LLP. He focuses on employee benefits and ERISA litigation and has special expertise relating to ESOPs. Ted has defended some of the highest-profile lawsuits involving ESOPs. He represents ERISA and ESOP plan sponsor companies, their directors and officers, plan fiduciaries, administrators, investment advisors, and other service providers in a wide variety of matters, including U.S. Department of Labor investigations and lawsuits brought by plan participants and the DOL.

Rick is a partner in the Firm’s Employee Benefits practice group. He is a litigator and trial lawyer specializing in ERISA litigation. He represents companies, benefits committees, plan administrators, fiduciaries, and service providers in complex, class-action litigation and Department of Labor lawsuits, audits, and investigations.

Chris is a partner at McDermott Will & Emery, resident in the Chicago office. Chris is the co-chair of the firm's ERISA litigation group. Chris represents clients in a wide array of ERISA-related matters, focusing in particular on litigation and investigations conducted by the Department of Labor. Chris has represented companies, institutional and individual trustees, service providers, and others in ESOP-related litigation and in government investigations. Chris has published extensively in the area of ESOP litigation as well.

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