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Deep Dive
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ERISA Litigation Reform Act Advances to House Floor
Supporters say measure targets meritless lawsuits, while critics argue it would limit workers’ ability to challenge plan misconduct
You Can’t Stop the Lawsuit. But You Can Stop It Early.
Understanding the ERISA Motion to Dismiss—and why documentation is your best defense
How Not to Get Sued: Fred Reish on Fiduciary Risk in 2026
In this special edition of the 401(k) Specialist Podcast—part of our Deep Dive series on “How Not to Get Sued”—Editor-in-Chief Brian…
Why Judgment is Now the Best Shield for 401(k) Specialists
The law still requires that a fiduciary demonstrate their procedural prudence, but Don Trone says courts have begun to examine how a fiduciary demonstrates their behavioral prudence
When Complexity Becomes Risk: Fiduciary Exposure in the Next Phase of SECURE 2.0
Another exclusive installment of our “How Not to Get Sued” Deep Dive explores how to strengthen governance, improve documentation and approach fiduciary responsibility with renewed rigor
Executive Q&A: Curtailing ERISA Litigation and Understanding Best Practices with Bonnie Treichel
Highly regarded ERISA attorney Bonnie Treichel, Founding Partner and Chief Solutions Officer of Overland Park, Kan.-based Endeavor Law, explains the common misconceptions surrounding ERISA lawsuits and how plan sponsors and advisors can curb potential risk
5 Ways to Keep Jerry Schlichter Away from Your 401(k)
The nation’s most prominent 401(k) plaintiffs’ attorney shares five ways fiduciaries can reduce their litigation risk
How Not to Get Sued: Lessons from ERISA Expert Witness Eric Dyson
Lessons from ERISA Expert Witness Eric Dyson on how to reduce fiduciary risk and be better prepared if the Department of Labor comes calling.
How Not to Get Sued 2026: Part 2
High-profile ERISA attorneys—including the ones doing most of the suing—sound off on why 401(k)s become targets and what can be done to lower a plan’s litigation exposure
How Not to Get Sued in 2026: Part 1
High-profile ERISA attorneys—including the ones doing most of the suing—sound off on why 401(k)s become targets and what can be done to lower a plan’s litigation exposure