Last Updated: March 18, 2026
Excessive fee claims. Forfeiture lawsuits. Voluntary benefits scrutiny. ERISA litigation isn’t slowing down.
In our first-ever quarterly Deep Dive series, high-profile ERISA attorneys (including those doing much of the suing) break down why plans are targeted—and what advisors and sponsors must do to protect themselves.
Diving in with an in-depth main feature in two parts — and much more coverage of this critical industry issue from multiple perspectives coming soon!
– Brian Anderson, 401(k) Specialist Editor-in-Chief
Featured Articles
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…
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…
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…
How Not to Get Sued 2026: Part 2
High-profile ERISA attorneys—including the ones doing most of the suing—sound off on why…
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…
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…
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
ERISA Litigation Reform Act Advances to House Floor
Supporters say measure targets meritless lawsuits, while critics argue it would limit…
Podcast Episodes
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…
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…
