In an ESCA-commissioned Alex Brill paper, Brill discusses the importance of regulatory certainty for S ESOPs. “In the case of ESOPs,” Brill says, “regulatory uncertainty creates burdens and risks that can discourage employee ownership and hamper employee- owned businesses.” He notes that these burdens include increased “activity by plaintiff attorneys and higher costs associated with ESOP transactions, and less economic incentive for a business owner to pursue an ESOP.” The st...
