Emily Rickard Emily Rickard

Subscribe to Emily Rickard's Posts
  Emily Rickard focuses her practice on executive compensation and employee benefits, and has devoted a substantial portion of her practice to assisting employers in implementing and maintaining employee stock ownership plans (ESOPs). She has represented companies, inside ESOP trustees, and outside ESOP trustees in buy-side and sell-side transactions, as well as in ongoing ESOP compliance matters. Read Emily Rickard's full bio.

ESOP Fiduciary Responsibility for Value Determination


By on Jun 21, 2018
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans

Emily Rickard presented “ESOP Fiduciary Responsibility for Value Determination” at the National Center for Employee Ownership National Conference addressing the fiduciary duties involved in the selection of an ESOP appraiser and the review of a valuation report. View the full presentation.

Continue Reading



ESOP Litigation Trends: Department of Labor Voids Fiduciary Indemnification Agreements to Reach Settlements


By , , , , and on Apr 12, 2018
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues

The US Department of Labor has taken the position that certain indemnification clauses are void against public policy under Section 410 of ERISA. This policy has been adopted by private plaintiff classes; as evident from a recent settlement, a policy that voids indemnity provisions can limit defense budgets, make settlements more likely and potentially create...

Continue Reading



Benefits Emerging Leaders Working Group


By , and on Mar 1, 2018
Posted In Benefit Controversies, Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Executive Compensation, Fiduciary and Investment Issues, Health and Welfare Plans, Labor, Privacy and Data Security, Retirement Plans

McDermott’s Benefits Emerging Leaders Working Group provides benefit professionals with tools to better serve employees in an ever-changing and evolving benefits landscape. Presentations will tackle the latest benefits hot topics and best practice solutions, supplemented with important networking opportunities aimed to connect tomorrow’s benefit leaders with a broad network of professionals. Planned agenda topics include:...

Continue Reading



New VCP Compliance Fees Will Increase the Cost of Correcting Some of the Most Common Plan Errors


By and on Feb 6, 2018
Posted In Employee Benefits, Retirement Plans

Last month, the Internal Revenue Service (IRS) published Revenue Procedure 2018-4, which modified the user fee schedule for submissions under the IRS’s Voluntary Correction Program (VCP). Under the new fee schedule, all VCP compliance fees are now based on the total net plan assets reported on a plan’s annual Form 5500-series return. This means that...

Continue Reading



Settling the Standard for Prudence? Fall Brings New Guidance for ESOP Trustees


By , , , , and on Dec 5, 2017
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans

Through a series of recent settlements, the US Department of Labor has outlined the process steps fiduciaries should follow in connection with a transaction involving a purchase from, or sale to, an employee stock ownership plan. Continue Reading.

Continue Reading



McDermott Announces Determination Letter Replacement Program, Addressing the Gap in Retirement Plan Compliance


By , , , , , , , , , , , , , , , , , and on Oct 10, 2017
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans

Since the announcement by the Internal Revenue Service (IRS) that sponsors of individually designed retirement plans may no longer receive a periodic determination letter, plan sponsors have faced uncertainty about how to demonstrate compliance for their retirement plans. Our McDermott Retirement Plan Compliance Program, a new opinion letter and operational review program for individually designed...

Continue Reading



Court to the Equal Employment Opportunity Commission: “Try Again” on Wellness Rules


By , , , and on Aug 29, 2017
Posted In Employee Benefits, Employment, Health and Welfare Plans

In October 2016, the American Association of Retired Persons (AARP) sued the US Equal Employment Opportunity Commission (EEOC) in the US District Court for the District of Columbia seeking an injunction against the latest iteration of wellness program regulations. The final EEOC regulations issued last year offer employers a roadmap for offering employee wellness programs...

Continue Reading



ESOPs and Artisan Distilling


By and on Jul 6, 2017
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Retirement Plans

Employee Stock Ownership Plans (ESOPs) are becoming a popular—and tax effective—way for companies to manage succession planning. When structured properly an ESOP can provide huge financial benefits to companies and their employees alike. There have been several craft brewers who have taken advantage of the ESOP structure in the past year, and we expect this...

Continue Reading



The Quandary of Publicly-Traded Employer Stock in a 401(k) Plan


By and on Jun 20, 2017
Posted In Benefit Controversies, Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans

Offering employer stock in a 401(k) plan investment lineup can seem like a win-win situation. It can enable employees to become company owners—real, skin-in-the-game, participants in their employer’s economic future—through a simple deferral election. The U.S. Supreme Court has even recognized the value of employer stock funds, confirming that Congress sought to encourage their creation...

Continue Reading



DOL Proposes 60-Day Delay of Fiduciary Rule in Response to White House Directive


By and on Mar 7, 2017
Posted In Employee Benefits, Retirement Plans

The future of the fiduciary rule—originally set to be implemented this upcoming April—remains uncertain after the White House directed the United States Department of Labor (DOL) to reevaluate, defer implementation and consider rescinding the controversial new fiduciary rule on February 3, 2017. In response to the White House, the acting US Secretary of Labor announced...

Continue Reading



STAY CONNECTED

TOPICS

ARCHIVES