Keach v. U.S. Trust Co.

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August 17, 2005

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ERISA
shareholder dispute, fair market value (FMV), fairness opinion, employee stock ownership plan (ESOP), adequate consideration, erisa
Keach v. U.S. Trust Co.
2005 U.S. App. LEXIS 17355
US
Federal Court
7th Circuit
United States Court of Appeals
Houlihan Lokey Howard & Zukin (ESOP)
Ripple

Summary

In assessing fair value and adequate consideration of ESOP transaction, Court considers whether appraiser should have reasonable foreseen future events effecting stock and company value.
Keach v. U.S. Trust Co.
PDF, Size: 75 KB

See Also

No Evidence That Board's Financial Advisor Was Fiduciary to ESOP

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This was a motion for summary judgment in connection with an action for breach of fiduciary duty to the employee stock ownership plan (ESOP) of F&G company.

Analysts Not Required to Predict the Future—Only to Probe Present Facts

Legal and Court Case Update
March 2006

In assessing fair value and adequate consideration of ESOP transaction, court considers whether appraiser should have reasonable foreseen future events affecting stock and company value.