Failure to Conduct Reasonable Due Diligence Investigation Dooms ESOP Valuation

Business Valuation UpdateVol. 10 No. 12
Legal and Court Case Update
December 2004

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4512 Air Transportation, Scheduled
481111 Scheduled Passenger Air Transportation
ESOP valuations
Henry v. Champlain Enterprises, Inc. (II)
2004 U.S. Dist. LEXIS 18140
September 3, 2004
US
Federal Court
New York
United States District Court
Edward A. Scallet
Houlihan, Lokey, Howard, & Zukin (for Defendant/Trustee)<br>Jeffrey Risius (for Plaintiffs/ESOP participants)<br>Robert Dana (for Defendant/Trustee)
Hurd

Summary

The issue in this ESOP case was whether or not the transaction that provided the ESOP with its initial stock interest in the company was a prohibited transaction and, if so, whether it qualified under the adequate consideration exception by ERISA.

See Also

Henry v. Champlain Enterprises, Inc. (II)

Full Text of Court Cases
September 3, 2004

In this ESOP case the issue was the valuation of the business.In this ESOP case the issue was the valuation of the business.In this ESOP case the issue was the valuation of the business.