Employee Ownership Blog
Corey Rosen

Corey Rosen

February 21, 2020

Broad-Based Stock Plans Remain Prevalent in Fortune Best 100 Companies to Work For

Forty of the 78 employers among the 2020 Fortune 100 Best Companies to Work For that can offer stock plans have some kind of broad-based plan. Twenty-two of the organizations cannot have stock plans because they are nonprofits (mostly in health care), law or accounting firms, or a consumer cooperative (REI). The percentage of eligible companies offering these plans on the list has been around 50% since its inception.

Corey Rosen

January 15, 2020

Supreme Court Remands Stock Drop Case to Consider Insider Information Issues

In Jander v. Retirement Plans Committee of IBM (2nd Cir. Dec. 10, 2018), the Second Circuit ruled that the Dudenhoeffer rule that "[t]o state a claim for breach of the duty of prudence on the basis of inside information, a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the securities laws and that a prudent fiduciary in the same circumstances would not have viewed as more likely to harm the fund than to help it" raised conflicting standards. The court ruled that the plaintiffs in a case involving stock in IBM’s 401(k) plan had convincingly argued that early disclosure and correction of financial issues raised about accounting and other irregularities at its microelectronics division (which was ultimately sold) could have done more good than harm. The defendants appealed to the Supreme Court.

Corey Rosen

January 02, 2020

IRS Rules That Typical ESOP Floor Price Protection Plans Are Taxable

In General Legal Advice Memo 2019-03, the IRS ruled that payments from a company to a former employee under an ESOP price protection plan are immediately taxable if made directly to the employee, but not if the employer makes a special "qualified non-elective contribution" to the plan that is allocated to the former employee’s account and then distributed as part of the ultimate account distribution. Once those funds are distributed, they would be taxed under normal distribution rules.

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