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401(k) Litigation

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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.

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The Dramatic Rise in Excessive 401k Fee Litigation—And Who’s Fighting It

After an unsatisfying Supreme Court decision for retirement plan fiduciaries in Hughes v. Northwestern, the U.S. Chamber of Commerce continues to fight the explosion of cases in a “cottage industry” with a unique strategy meant to get cases dismissed before they get to summary judgments or settlements. Here's an in-depth look at the issue