Compliance March 15th, 2024 401(k) World: The Litigators The final story in this quarter’s PLANADVISER In-Depth series considers 401(k) litigation’s present and future.
Compliance February 28th, 2024 FlexPATH, Wood Group Beat TDF-Selection-Based Lawsuit A 401(k) complaint alleging fiduciary imprudence was rebutted in a 70-page review of the committee’s selection and review process.
Data & Research February 21st, 2024 Encore Fiduciary Finds Inaccurate Fee Benchmarking in 401(k) Litigation Fiduciary expert says the plaintiffs’ use of Form 5500s to measure fees creates erroneous comparisons, and he recommends its new...
Compliance January 9th, 2024 401(k) Litigation Continues At ‘Fever Pitch’ Euclid Fiduciary’s litigation summary shows a dip in lawsuits in 2023, but signs of an uptick this year.
View Points December 20th, 2023 2023 Retirement Plan Litigation Highlights Sean Duffy, investment & fiduciary consultant with Conrad Siegel, notes key cases and learnings from the year in 401(k) litigation.
Compliance December 15th, 2023 Clorox Seeks Dismissal of 401(k) Forfeiture Complaint The company argues in the filing that its fiduciaries followed IRS guidance on how unused retirement assets can be used.
Compliance December 13th, 2023 Litigation Trends to Watch in 2024: Drop in TDF Suits, More Forfeiture Complaints Attorneys from Faegre Drinker Biddle & Reath LLP discuss qualified retirement plan litigation trends for the new year.
Compliance December 4th, 2023 Tyson Foods Employees Allege Excessive 401(k) Plan Fees The plaintiffs’ complaint included a detailed comparison of allegedly similar, lower-cost recordkeeper fees for the plan with $3.2B in assets.
Compliance November 13th, 2023 United Airlines Sues Advisers for ‘Scheme’ to Defraud 401(k) Pilot Participants A lawsuit filed in Minnesota federal court claims an independent advisory deceived participants by taking loans from their accounts for...
Compliance October 11th, 2023 Two Plan Sponsors Accused of Improper Use of 401(k) Forfeitures ERISA experts point to longstanding and widespread practice of using forfeitures to reduce future employer contributions or pay reasonable expenses.
Compliance September 25th, 2023 10th Circuit’s ‘Meaningful Benchmark’ Ruling Will Not Stymie Lawsuits, Experts Says Five circuit courts have now heightened the standard for 401(k) participant lawsuits, but ERISA attorneys do not expect lawsuits challenging...
Compliance September 14th, 2023 American Airlines Asks Judge to Toss 401(k) ESG Complaint The airline's motion maintains that former pilot has no standing in ESG investing lawsuit, including an amended complaint that sought...
Compliance September 1st, 2023 Are You Ready for Class Action Health Care Plan Fee Litigation? Joanne Roskey, a former DOL solicitor and current ERISA attorney, discusses how to prepare for the likely wave of litigation...
Compliance August 31st, 2023 Former American Airlines Pilot Fires Back in Retirement Plan ESG Suit The plaintiff doubles down on allegations the airline defaulted him into ESG-related funds.
Compliance August 14th, 2023 Lawsuit Would Block Missouri’s Anti-ESG Advising Rule Requiring registered advisers to follow state-level ESG disclosure rules violates federal law, according to SIFMA’s lawsuit.
Compliance August 11th, 2023 Live Nation 401(k) Plan Escapes Class Suit, Moves to Arbitration A federal judge in California ruled for Live Nation in a motion to move the case to arbitration.
Compliance August 8th, 2023 New 401(k) Litigators Use ‘More Credible’ Tactics in First Half of ‘23 Euclid Fiduciary’s mid-year litigation report finds fewer filings, as plaintiff law firms catch up on ’22, but new entrants using...
Compliance August 7th, 2023 American Airlines Files Motion to Dismiss 401(k) ESG Complaint The airline argued the case should be dropped partly because the ESG funds in question were not in the 401(k)...
Compliance August 3rd, 2023 Plaintiff Drops Fidelity, Financial Engines from American Airlines ESG Lawsuit The plaintiff voluntarily dismissed the two of four defendants from the lawsuit that claims ESG factors were considered ahead of...
Compliance June 5th, 2023 Pilot Sues American Airlines Due to ESG 401(k) Investing Strategy The retirement committee, recordkeeper Fidelity Investments and financial advice provider Edelman Financial Engines were accused of sacrificing fiduciary duty to...