August 15, 2014

Twenty-One ESOP Lawsuits Decided in Last 12 Months

Executive Director

The NCEO just released its annual review of litigation involving ESOPs and 401(k) plans with company stock, which found 21 lawsuits involving ESOPs decided in the most recent 12 months. The Supreme Court's Dudenhoeffer decision was a major departure from prior court rulings, but it broke no new major ground on other issues. In most years, about 10 to 25 lawsuits concerning ESOPs are decided out of the several thousand plans in existence in any one year.