ESOP DOL Investigation and Litigation
Our highly skilled litigators have a wealth of specialized in-depth experience in addressing ESOP-related disputes representing ESOP sponsors, plan administrators, Board members, investment bankers, internal and outside trustees, valuation professionals, and other ESOP professional advisors, in litigation as well as in audits before the Internal Revenue Service and the Department of Labor.
We use our litigation knowledge proactively to advise clients on how to prevent litigation. However, whenever a dispute arises that leads to litigation, arbitration or mediation, we vigorously represent our client’s interests in all phases of the adversarial process. We have addressed myriad issues in courtroom and alternative dispute forums, including breaches of fiduciary duty claims arising from ESOP transactions such as plan distributions, repurchase obligations, directors’ compensation and ESOP terminations as well as prohibited transactions under ERISA.
Tharaldson is a published example of our work in this area:
Hans v. Tharaldson, 2011 WL 7179644 (Oct. 31, 2011) (defending seller/ESOP trustee; summary judgment rulings on claim ESOP paid too much for $1 billion hotel company); 2011 WL 6937598 (Dec. 23, 20110 (Daubert rulings); 2010 WL 1856267 (D.N.D. May 7, 2010) (class rulings) (successful summary judgment and Daubert rulings led to amicable settlement).