Employee shareholder challenges ESOP sale as undervalued, alleging trustees breached fiduciary duties; court affirms dismissal of all claims.
Monday, July 20, 2026
№ 12Court Decisions (1)·Retirement Plans (5)·Health & Welfare (1)·Leave & Time Off (1)·Case Commentary (6)
The One Thing
ESOP transaction suits almost never get tried to judgment, which is what makes Rush v. GreatBanc worth a careful read: after a three-week bench trial, the Seventh Circuit affirmed that the trustee neither breached its fiduciary duties nor engaged in a prohibited transaction in the sale of an ESOP-owned company. The lesson cuts both ways for fiduciaries — a genuine, documented transaction process can win outright, but it took a full trial to prove it.
Court Decisions (1)
Retirement Plans (5)
The American 401(k) is often celebrated as one of the greatest financial innovations of the past half century. Millions of workers have accumulated retirement savings through payroll deductions, employer matching contributions, and decades of economic growth.
2026 U.S. Retirement Trend Report from NFP finds 89% of workers trust employer-provided financial advisors, yet many miss out by not engaging
The IRS has released Notice 2026-34, establishing the 2026 Cumulative List of Changes in Plan Qualification Requirements for Defined Benefit Pre-approved Plans (the “2026 Cumulative List”).
I never hired an employee for my law firm because I was an employee once too. I joke that no employee ever said they were paid too much and no employer ever said they paid their employees too little.
Effective July 1, 2026, government contractors in Illinois who perform prevailing wage work must afford apprentices fringe benefits. These fringe benefits include pensions, vacations, and training, among other things
Health & Welfare (1)
On 5/28/26, the Departments of Health and Human Services, Labor, and the Treasury released final rules modifying the Federal independent Dispute Resolution Operations
Leave & Time Off (1)
Massachusetts employers should prepare for an important change to the Commonwealth’s Paid Family and Medical Leave (PFML) contribution structure beginning January 1, 2027.
Case Commentary (6)
In Scorzo v. Unum Life Insurance Company of America, No. 23-cv-3836 (N.D. Ill. July 17, 2026), the court upheld Unum’s denial of long-term disability benefits under the any-occupation standard on de novo review.
F.4th —-, 2026 WL 2071139 (7th Cir. July 17, 2026), the Seventh Circuit affirmed a defense judgment entered after a three-week bench trial in a suit brought by a participant in the employee stock ownership plan that wholly owned Segerdahl Corporation.
Following a bench trial on the administrative record, a California federal court found in favor of a long-term disability claimant whose ERISA benefits Reliance Standard Life Insurance Company had paid for two decades before cutting them off.
Most analyses of the 401(k) industry rank providers according to assets under management, number of plans, or participants. While useful, these rankings fail to explain why some providers consistently appear in ERISA excessive-fee litigation while others rarely do.
In Hudson Hospital OPCO, LLC v. Cigna Health & Life Insurance Co., No. 24-2830, 2026 WL 2057076 (3d Cir. July 16, 2026), three New Jersey hospitals appealed the dismissal of claims they brought against Cigna Health and Life Insurance Company and Connecticut General Life Insurance Company under ERISA.
From 2008 to 2012, while serving as a Kentucky Retirement Systems trustee, I was not allowed to know the names of the underlying hedge funds inside three hedge fund-of-funds managers.