Browsing Tag
401(k) Litigation
269 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.
No Quick Exit for 401k Class Actions Over Proprietary Funds
A district court recently denied a motion to dismiss a 401(k) proprietary fund class action, continuing an overwhelming…
After the 401k Executive Order, What Happens with RESA Legislation?
Now that President Trump has announced an executive order to encourage the use of multiple employer plans (MEP)…
Can Arbitration Shield You From 401k Class Actions?
ERISA class action lawsuits are expensive to defend even if you win. Given that 401k (and other) plan…
Understanding the causes of 401(k) litigation and how to avoid a lawsuit
A recent study by the Center for Retirement Research at Boston College identified excessive fees, inappropriate investment options,…
Advisors Face $100 Million Retirement Scheme Suit
A group of insurance agents, brokers, financial planners and investment advisory firms spanning the country were working together…
Tort Terror Schlichter Files Second Duke Fiduciary Suit
One just wasn’t enough. Schlichter Bogard & Denton, home of famed fiduciary tort lawyer Jerry Schlichter, has filed a…
Why 401(k) Sponsors Must Be Given Authority in Plan Interpretation
In a sue first, ask questions later world, it’s never been more important for 401k advisors and their…
Another University Prevails in 401(k) Fiduciary Lawsuit
NYU ERISA lawsuit ended as court ruled trustees acted prudently, defeating claims of excessive fees and underperforming investments.
Why the Resurgence in Fee-Focused 401(k) Litigation?
After a few years of decline, litigation involving 401k plans “has surged again recently,” according to a study…
Another Sign 401(k) Plan Sponsors Are Fighting Back And Winning
Perhaps the tide is turning after all. In a ruling last week, CheckSmart Financial won a two-year-old lawsuit…