Browsing Tag
ERISA
296 posts
ERISA (Employee Retirement Income Security Act) is a 1974 U.S. federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry. It aims to protect plan participants by requiring plans to provide information, establish fiduciary responsibilities, and give participants the right to sue for benefits and breaches of duty. ERISA also guarantees payment of certain benefits through the Pension Benefit Guaranty Corporation if a defined plan is terminated.
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
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
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
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…
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
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
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.…