ESOP Valuation and Litigation: The 2019 Landscape
As more companies are adopting the Employee Stock Ownership Plan (ESOP), the valuation of stocks and the litigation of cases involving ESOP trustees and companies have been continuously evolving. With the changes in the landscape taking place, it has become a necessity for ESOP companies, trustees and stockholders along with practitioners and related professionals to become equipped with the knowledge and legal know-how’s to be well-protected against valuation issues and litigation risks.
Join a panel of key thought leaders and ESOP experts assembled by The Knowledge Group as they bring the audience to a road beyond the basics of bringing or defending against valuation issues and litigation risks and as they delve into the depth-analysis of the current trends and recent court rulings involving ESOP. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
In a LIVE Webcast, the speakers will discuss:
- ESOP 2018: An Overview
- Latest Valuation Issues
- Litigation Trends and Updates
- Helpful Tips and Strategies
- ESOP 2019 Outlook
Hawkins Parnell & Young, LLP
- Overview of DOL Regulations and Other Guidance
- ERISA Fiduciary Exception to the Attorney-Client Privilege
- Fiduciary and Prohibited Transaction Claims involving Valuation Issues
- Valuation Issues and Monitoring Obligations
- ERISA Indemnification and Contribution Rights
- Best Practices for ESOP Transactions
Capital Valuation Group, Inc.
- Valuation issues that tend to be litigated more frequently:
- Defining the valuation engagement
- Developing projections
- Concept of known or knowable
- Is an S Corp more valuable?
- Repurchase liability
Who Should Attend:
- ESOP-Owned Companies, Trustees and Stockholders
- Finance Executive
- Litigation Officers
- Employee Benefits & Compensation Lawyers and Consultants
- Employee Benefits & Compensation Officers
- ERISA Counsel
- Private and Public Companies
- Other Related Professionals
David R. Johanson is Partner-in-Charge of the Napa office of Hawkins Parnell & Young, LLP. He also has offices in San Francisco, Los Angeles, New York, and Dallas to cover his national client base with a team of more than 20 partners, associates, and paralegals. David and his team assist in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, employee stock ownership plans (ESOPs), ESOP transactions, mergers and acquisitions (and related tax planning), and business succession and estate planning. David and his team have defended ERISA fiduciaries, plan sponsors, selling shareholders, and investment advisers in ERISA litigation matters involving ESOPs and business transactions in federal and state courts throughout the country in a wide range of controversies covering ERISA fiduciary responsibilities, ESOP valuation disputes, disclosure obligations, investment issues, non-competition disputes, and tax matters. David has extensive experience in negotiating ESOP, ERISA, and other issues with government regulatory agencies and in representing ERISA fiduciaries and members of Boards of Directors and officers in state and federal litigation throughout the country.
David R. Johanson is Partner-in-Charge of the Napa office of Hawkins Parnell & Young, LLP. He also has offices in …
Cathy J. Durham is President of Capital Valuation Group, a 44-year old firm that helps business owners understand, increase and unlock the value of their businesses. For more than 25 years, Cathy has worked with business owners and advisers to determine the value of an equity interest in a business, identify ways to increase value, prepare for transitioning out of ownership, resolve owner disputes (family and non family) and define valuation provisions of buy/sell agreements that are unambiguous. Cathy earned the Accredited Senior Analyst designation from the American Society of Appraisers and is a member of the ESOP Association. Recently, she has engaged in developing a web-based tool called Business Trend Analysis (BTA), to be used by business owners and advisors to help them understand and use the company’s historical financial data to manage their investment more successfully. Cathy teaches nationally on topics revolving around business value and serves, or has served, as a director on a number of for-profit and non-profit boards of directors.
Cathy J. Durham is President of Capital Valuation Group, a 44-year old firm that helps business owners understand, increase and …
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Method of Presentation:
General Knowledge in Employee Benefits/ESOP
NY Category of CLE Credit:
Areas of Professional Practice
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About Hawkins Parnell & Young, LLP
Over the last half century, Hawkins Parnell & Young, LLP has grown to include more than 160 lawyers in 10 offices located in Atlanta, Austin, Charleston, Chicago, Dallas, Los Angeles, Napa, New York, St. Louis, and San Francisco. The team represents many of America’s largest corporations, small local businesses, and individuals in complex litigation and transactions. As national leaders in their fields of expertise, their ESOP, Employee Benefits, M&A, Tax & ERISA group brings extraordinary depth in perspective when advising clients in connection with retirement plans, equity incentives, executive compensation, shareholder issues, fiduciaries, mergers and acquisitions, and employment and benefits litigation throughout the country.
About Capital Valuation Group, Inc.
Since 1974, Capital Valuation Group has valued thousands of closely held businesses across a wide range of industries, from start-up companies to large, established companies doing business internationally. Over this same time period we have successfully given formal testimony in both state and federal courts regarding business valuation or business damages. We are able to provide an independent, objective perspective because our firm does not provide accounting or other financial services to our clients—we specialize in business valuation and business damages.
Our conclusions of value are supported by established valuation theory and the latest research along with relevant economic, industry, and financial analyses. Our litigation support business segment includes professionals who have extensive experience as consulting and testifying experts, assisting attorneys in making litigation decisions, and providing thorough, independent analysis of relevant issues. Our staff is experienced at testifying for plaintiff or defendant in federal and state courts, and we have the communication skills to explain complex issues to judges and jurors. We are asked annually to teach to judges because of our years of experience specializing in business valuation and litigation support.
We are unique in that we have a multi-disciplinary, team-based approach in determining business value or damages to a business, which we believe provides a more comprehensive conclusion by leveraging each of our business perspectives. Our team includes individuals with backgrounds in accounting, finance, law, business management and ownership.
Additional information regarding our staff and our experience can be found at our website www.capvalgroup.com.