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Revenue growth rate, profit margins, and long-term growth rate can all meaningfully impact projections. Add in inconsistency with historical results, industry/economy impacts, and lack of adjustment for critical things such as compensation or capital expenditures, and it is easy to see how litigation can arise. Chip Brown, Chelsea Mikula, and Kyle Wishing help identify common issues raised in ESOP litigation cases (either by the Department of Labor or private plaintiffs) with respect to financial projections, so you know what pitfalls to avoid in your next ESOP engagement.
Program Agenda
Overview of the current ESOP regulatory environment
Importance of projections
Commentary from the Department of Labor on projections
Fiduciary process agreements
Projection issues raised in ESOP litigation
Discussion of recurring issues using case examples (revenue growth rate; profit margins; inconsistent with historical results, industry, the economy, and/or prior projections; failure to adjust for compensation and/or capital expenditures; cyclicality; customer concentration; long-term growth rate; and lack of projections)
“Best Practices” for reviewing projections
Learning Objectives
Restate the background of DOL “guidance” via fiduciary process agreements and commentary from members of the DOL related to projections
List the issues raised in litigation with respect to projections
Describe a framework for reviewing projections
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