Overview
Ted Becker, Chris Nemeth and Allison Wilkerson will be speaking at The ESOP Association (TEA) Employee Owned Conference 2023. McDermott Will & Emery is a proud sponsor the conference, which will be held in Las Vegas, Nevada on November 8–10. Register today and join us for the following sessions.
Planning for Regulatory Landmines in ESOP Transactions
Speaker: Allison Wilkerson
Thursday, November 9 | 2:00 – 3:00 pm
Unlike the Browns, in an ESOP transaction the best offense is a good defense, making it even more important to consider the common pitfalls faced when an ESOP transaction is reviewed by regulators or the plaintiffs’ bar post-transaction. Learning objectives include:
- Understand the process through which regulatory reviews are (likely) selected and conducted, and what other actions may occur as a result of such review.
- Identify unique structures being used in ESOP transactions and how they might be viewed in hindsight.
- Implement properly executed pre-, concurrent, and post-closing documentation and processes that can protect an ESOP transaction from later investigation and, hopefully, litigation.
The Fiduciary Process Agreements and ESOPs
Speaker: Ted Becker
Thursday, November 9 | 3:15 – 4:15 pm
In 2014, the DOL and an institutional trustee entered into the original fiduciary process agreement. Over the past 9 years, five additional public process agreements and other non-public process agreements have come into existence. How have these process agreements changed the ESOP landscape? Learning objectives include:
- Explain procedures trustees have adopted in response to the process agreements.
- Understand how ESOP participants’ lawyers & the DOL use the process agreements in litigation.
- Evaluate the implications of non-public process agreements on ESOPs.
Leadership and HR’s Role in Cybersecurity & Electronic Records Management
Speaker: Chris Nemeth
Thursday, November 9 | 4:30 – 5:30 pm
Discussion of key risk issues pertaining to social media use, e-mail, sharing of data etc. that can create reputational and monetary risk for your ESOP. This session will discuss these issue and ways to handle them. Learning objectives include:
- Identify key pitfalls with social media use.
- Describe how to best manage the use of social media and other electronic forms of communications.
- Develop effective policies and procedures for limiting risk.
