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Corey Rosen

Corey Rosen

Rep. Foxx Says DOL Abused Its Authority in Sharing Information with Plaintiffs’ Attorney

In a strongly worded letter,  Rep. Virginia Foxx, R-NC, chair of the House Committee on Education and the Workforce, says that the Department of Labor (DOL) abused its authority when it shared information from an ongoing investigation of Envision Radiology's ESOP with the law firm Cohen Milstein, which is acting as the counsel for the plaintiffs in an ESOP valuation lawsuit against the trustee, selling shareholders, and individuals at the company. Foxx called on the DOL’s Office of the Inspector General to investigate certain practices concerning “secretly sharing confidential information with a plaintiffs’ attorney for use against plan fiduciaries.”

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Corey Rosen

What Will the Trump Administration Mean for ESOPs?

President-elect Donald Trump has not said anything we are aware of about employee ownership during his political career, so it is difficult to know what approach he will take to the issue. Many of his former advisors and other people with similar views were involved with Project 2025, however, although he and his campaign have distanced themselves from it. Project 2025's proposed 180-day transition playbook, Mandate for Leadership: The Conservative Promise, states (pp. 610-11):

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Corey Rosen

Study Finds Employee Ownership Provides Best Worker Outcomes in Business Transitions

A new study by the Brookings Institution and Washington University’s Olin Business School finds that employees are significantly more likely to remain working for their employer and to be satisfied with their jobs in companies that transition ownership through ESOPs and other employee ownership models compared to other business transition models. The study also recommends that Congress pass the Promotion and Expansion of Private Employee Ownership Act of 2023 and support efforts of private equity firms, such as those involved with Ownership Works, to include employee ownership in business transitions.

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Corey Rosen

New NCEO Paper on Private Equity and Employee Ownership

In the last several years, there has been a growing trend for private equity firms to include broad-based employee ownership programs in their transactions. This trend has gained national attention, with stories on 60 Minutes, Freakonomics, the New York Times, and many other news outlets. The new paper Private Equity and Employee Ownership (PDF; also see the embedded version below) by NCEO founder Corey Rosen looks at the history of private equity and employee ownership in the 1980s and the current wave of interest among some large private equity firms in sharing ownership with employees.

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Corey Rosen

Supreme Court Declines to Review Denial of Attorney Fees to Defendants Where DOL Decisively Lost Case

In Su v. Bowers, D.C., No. 1:18-cv-00155SOMWRP (Oct. 14, 2024), the Supreme Court declined to hear an appeal of a January 7, 2024, Ninth Circuit ruling (Jan. 7, 2024) that the Department of Labor did not have to pay attorneys’ fees to the defendant attorneys in a valuation case the DOL decisively lost. In that earlier case, Walsh v. Bowers, et al., a court definitively ruled for the defendants against the DOL because the trustee had a sufficient (albeit short) amount of time to vet the ESOP transaction, had unfettered discretion to hire its own independent appraiser, and had negotiated the deal and even saved the ESOP money. Nevertheless, the Ninth Circuit reaffirmed an earlier ruling that “the district court did not abuse its discretion in denying attorneys’ fees. In hindsight, the Department of Labor’s case had many flaws. But the district court did not err in concluding that the government was ‘substantially justified’ in its litigation position when it went to trial. The government’s expert, despite his errors, arguably had a reasonable basis—at least at the time of trial—in questioning whether the company’s profits could surge by millions of dollars in just months.”

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