Projection Issues Raised in ESOP Litigation
BVR's Webinar Series
Tuesday, May 5, 2020
10:00am-11:40am PT • 1:00pm-2:40pm ET
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- 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
- 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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