News & Analysis as of

Employee Stock Ownership Plans

Orrick, Herrington & Sutcliffe LLP

Legal Ninja Snapshot: #ESOP & Flips — U.S. ESOPs May Become Available for the Employees of the German Subsidiary

Much has been written about the unsatisfactory tax situation of German employees when it comes to equity-based employee stock (option) programs ("ESOP"). Historically, employees were taxed at the time of issuance of shares...more

Wiley Rein LLP

DOD Launches Pilot Program for Sole Source Follow-on Awards to ESOPs

Wiley Rein LLP on

On October 10, 2024, the U.S. Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to establish a pilot program allowing for sole source follow-on contract...more

Faegre Drinker Biddle & Reath LLP

Thinking ESOPs: Supreme Court to Take Up ‘Prohibited Transactions’ and Burden of Proof Questions . . .

On October 4, 2024, the Supreme Court granted certiorari in Cunningham v. Cornell University. The case involves the standard for a plaintiff to plead a “prohibited transaction” claim under ERISA and the burden of proving...more

Levenfeld Pearlstein, LLC

The “Business Succession” Decision: Is an ESOP A Viable Option?

When business owners consider their business succession options, they often determine their objectives, analyze company resources and capabilities, and review strategic alternatives. Among these strategic alternatives are...more

Snell & Wilmer

Cheers to 50 Years of ERISA: A Major Milestone in Employee Protection

Snell & Wilmer on

As the Employee Retirement Income Security Act (“ERISA”) celebrates its 50th anniversary, it offers us an opportunity to reflect on its transformative impact on employee benefits and retirement security. Signed into law on...more

The Wagner Law Group

A New “One Percent” Tax Issue – Proposed IRS Regulations on the Excise Tax on Stock Repurchases

The Wagner Law Group on

The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”), in an April 2024 follow-up to IRS Notice 2023-2, issued proposed regulations dealing with the one-percent excise tax under Internal Revenue...more

Holland & Knight LLP

Arkansas Court Declines to Dismiss Challenge to ESOP Releveraging Transaction

Holland & Knight LLP on

The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc....more

Kaufman & Canoles

ESOPs, Benefits & Compensation Q2 2024 Client Update

Kaufman & Canoles on

On behalf of the ESOPs, Benefits & Compensation team, we hope your Summer is off to a great start. In the time of family vacations and out-of-office replies, the pace of employee benefits changes—both large and small—remains...more

Mayer Brown

ESOP Update: Installment Sales Rules Save ESOP Footfall in Berman v. Comm’r

Mayer Brown on

Berman v. Comm’r,  released on July 16, 2024, is a great example of making lemonade when life hands you a lemon. Although the taxpayers lost the federal income tax deferral of a stock sale to an employee stock ownership plan...more

Bricker Graydon LLP

“S” Corp? Law Change May Make an ESOP More Appealing

Bricker Graydon LLP on

The SECURE 2.0 Act of 2022 (“SECURE 2.0”) made numerous changes to the complex web that makes up U.S. retirement plan laws. Of interest to S corporations that may be considering an employee stock ownership plan (“ESOP”) is...more

Jackson Lewis P.C.

Second Circuit Weighs in Against ERISA Arbitration

Jackson Lewis P.C. on

Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class...more

Womble Bond Dickinson

New DoD Pilot Program Could Boost Opportunities for Employee-Owned Businesses

Womble Bond Dickinson on

On May 30, 2024, the Department of Defense (“DoD”) published a Proposed Rule to establish a Pilot Program to Incentivize Contracting with Employee-Owned Businesses.  The Proposed Rule would benefit contractors that are...more

Foley & Lardner LLP

Five Things on the Department of Labor’s Radar for Employee Benefit Plans

Foley & Lardner LLP on

All qualified retirement plans are subject to a myriad of requirements of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The United States Department of Labor (DOL) is charged with enforcing the...more

Holland & Hart - The Benefits Dial

Sweet Child O’Mine – Business Transition with Benefits

Owners of closely held businesses, particularly first-generation owners, often have a difficult time finding a suitable succession plan. These owners are faced not only with phasing out of their labor of love, but choosing a...more

Kaufman & Canoles

Section 1202 QSBS - The Overlooked Arrow in the Business Succession Quiver

Kaufman & Canoles on

Business owners considering exit options from their businesses often can be blinded by purchase price figures and proceeds, often “accepting” that paying capital gains tax is part of the deal. The ability to avoid or defer...more

Kaufman & Canoles

ESOP Community Waits for DOL Regulation on Valuation with Hope and Dread

Kaufman & Canoles on

As part of the comprehensive “SECURE 2.0” retirement plan legislation enacted in December 2022, Congress directed the U.S. Department of Labor (DOL) to issue a long delayed and much needed regulation defining the term...more

Kaufman & Canoles

ESOPs & Employee Benefits Q1 2024 Client Update

Kaufman & Canoles on

On behalf of the ESOPs & Employee Benefits team, we hope you’re enjoying the first days of Spring, when the longer days allow more time to ponder the ever-changing landscape of employee benefits compliance. Please find below...more

Kaufman & Canoles

Corporate Transparency Act: ESOP Considerations

Kaufman & Canoles on

The Corporate Transparency Act (CTA) went into effect January 1, 2024, imposing significant reporting obligations for millions of privately held entities, called Reporting Companies. ...more

Freeman Law

Employee Stock Ownership Plans | A Brief Overview

Freeman Law on

Since their establishment in 1974, Employee Stock Ownership Plans (“ESOPs”) have become a popular and effective mechanism for private companies (both C corporations and S corporations) to provide employees an opportunity to...more

Foster Swift Collins & Smith

The Corporate Transparency Act's Impact on ESOPs

The Corporate Transparency Act (“CTA”), which became effective on January 1, 2024, requires that many businesses report a significant amount of information about the company and its “beneficial owners” to a federal database....more

Firesign | Enlightened Legal Marketing

Process Models, FAQs: Close More Clients Through Clarity

Imagine this: You hurt your knee, and you’re scouting orthopedic surgeons. The first doctor you see tells you “Every knee is different, I’ll just have to open you up and go from there.” When you ask how long recovery may...more

Bradley Arant Boult Cummings LLP

ESOP Q&A: What Is a Distribution Policy?

A distribution policy is a helpful tool for ESOP companies to comply with distribution requirements while retaining maximum flexibility. In a prior article, we reviewed the rules governing ESOP distributions. In this article,...more

Bradley Arant Boult Cummings LLP

Employee Stock Ownership Plans for Construction Companies: Part 3

Following up on our prior blog posts (here and here) regarding employee stock ownership plans (ESOPs) generally for constructions companies, as well specific issues for consideration, this blog post evaluates the pros and...more

Bradley Arant Boult Cummings LLP

Employee Stock Ownership Plans for Construction Companies: Part 2

Following up on our first blog post about employee stock ownership plans (ESOPs) for construction companies, this post addresses surety bond requirements as well as the way in which ESOPs can incentivize employees and...more

WilmerHale

Upcoming Deadlines for Reporting 2023 Incentive Stock Option Exercises and ESPP Stock Transfers

WilmerHale on

Section 6039 of the Internal Revenue Code (Section 6039) requires corporations to file returns with the Internal Revenue Service (IRS) and provide information statements to employees reporting exercises of incentive stock...more

390 Results
 / 
View per page
Page: of 16

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide