Browsing Tag
401(k) Litigation
283 posts
401(k) litigation refers to legal actions brought by plan participants against employers or plan fiduciaries, typically alleging mismanagement of retirement plans. Common claims include excessive fees, poor investment choices, failure to monitor service providers, and breaches of fiduciary duty under ERISA. These lawsuits seek to hold fiduciaries accountable for decisions that may harm participants’ retirement savings. The outcomes can lead to financial settlements, plan reforms, or precedent-setting rulings that impact fiduciary standards.
Southwest 401(k) Lawsuit Survives Motion to Dismiss, Signals Lower Bar for Fiduciary Claims
Judge allows ERISA case over a single underperforming fund to proceed, potentially reshaping how courts evaluate fiduciary breach and monitoring obligations in retirement plans
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 Heads to House Committee Markup
Bill seeking to curb “meritless” lawsuits one of seven to be amended and debated Tuesday morning by House Committee on Education and Workforce
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.
Stifel 401(k) Plan Subject of New $134 Million ERISA Case Over Fund Performance
Similar to recent filing against Blomberg’s 401(k), suit from Sanford Heisler Sharp McKnight alleges Stifel breached fiduciary duties by retaining underperforming funds for over a decade
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
How Not to Get Sued: A 401(k) Specialist Deep Dive
Last Updated: March 18, 2026 Excessive fee claims. Forfeiture lawsuits. Voluntary benefits scrutiny. ERISA litigation isn’t slowing down.…