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One of the most active ERISA litigation firms has, once again, targeted one of the nation’s largest 401(k) plans. This time the firm is representing Kena Moore, Timothy K. Sweeney, Russell A. Hohman, Susan M. Smith and Veronica Cargill who have filed suit on behalf of participants in the $5.354... READ MORE
A class action involving a $1.6 billion 401(k) plan has been fast-tracked to the U.S. Court of Appeals for the Third Circuit for a ruling on an issue of emerging concern in ERISA excessive fee litigation. The case involves three participant-plaintiffs—Mary K. Boley, Kandie Sutter and Phyllis Johns... READ MORE
When the Labor Department issued last month what it called “new guidance” that it further described as “the first time the department’s Employee Benefits Security Administration has issued cybersecurity guidance”—well, I, for one, was expecting… guidance.  However, rather than an advisory opinion... READ MORE
The Chairpersons of two of the leading retirement plan committees in Congress are calling for a review of…target-date funds. Sen. Patty Murray (D-WA), Chair of the Senate Committee on Health, Education, Labor & Pensions, and Rep. Robert Scott (D-VA), Chairman of the House Committee on... READ MORE
Last week the Employee Benefit Research Institute (EBRI) and Greenwald Research unveiled the findings of the nation’s longest-running survey of its kind—offering a perspective on the nation’s confidence in attaining a satisfying retirement. But what does that tell us, really?  Well, for starters... READ MORE
Yet another stock drop case has made its way to the doors of the U.S. Supreme Court—but no further. The defendants in this case (Allen v. Wells Fargo & Co.) were the fiduciaries of the Wells Fargo 401(k) plan—and the plaintiff filed on behalf of Wells Fargo 401(k) plan participants whose... READ MORE
A federal judge has approved the settlement struck by parties in a long-standing stock drop suit. The settlement was announced in February, following nearly six years of litigation—and a trip all the way up to the U.S. Supreme Court. The suit was filed by plaintiffs Larry W. Jander against the... READ MORE
An important decision, made in minutes. No, that’s not retirement plan savings—though various consumer surveys have suggested that many spend more time mapping out their annual vacations than how they’ll fund their retirement needs.  Rather, that’s how a new white paper by Voya’s Thought... READ MORE
Plan fiduciaries have struck a deal in a suit alleging imprudent investments—but the investment consultant who recommended the challenged funds is still facing trial. The suit was filed nearly two years ago against the plan fiduciaries of the $5.2 billion Lowe’s 401(k) plan and Aon Hewitt... READ MORE
A little more than a year after plaintiffs alleged that their “account would have been worth more at the time it was distributed from the Plan had Defendant not violated ERISA,” the parties have come to terms. The defendant in this case is John Hancock, which was sued by plaintiff Jennifer Baker,... READ MORE
April is, of course, National Financial Literacy Month—and for as long as I can remember, the retirement industry has been talking about the need for some kind of personal finance education in public schools—there’s just one problem. First off, there actually are such programs already in existence... READ MORE
Alleging that “…Defendants did not engage in any objectively reasonable and/or prudent efforts when paying fees for RPS to covered service providers…,” a $4 billion plan finds itself in the litigation crosshairs. This time the target is the Kimberly Clark Corporation 401(k) and Profit Sharing Plan... READ MORE
While a successful outcome was by no means certain at the outset, I think it’s fair to say that the NCAA basketball tournaments—both men and women’s—lived up to, and likely exceeded, expectations. Sure, there were bumps along the way—though by the time we got to the actual tournament itself—well,... READ MORE
In a complicated case that a federal judge acknowledged “…presents interesting issues about what it means to be an ERISA fiduciary under the circumstances presented,” Principal Life once again fended off fiduciary claims regarding the operation of its PFIO offering.  A little more than a year ago... READ MORE
This case is the latest volley in a nationwide barrage of lawsuits—many brought by interim lead class counsel in this case—targeting retirement plan fiduciaries for allegedly paying too much to plan service providers. This time, the target is the Pentegra Defined Contribution Plan for Financial... READ MORE
Teresa Ghilarducci has both a “new” proposal and a new collaborator and—I hope you’re sitting down—I actually agree with her.  Well, partly anyway.[1] Her new proposal is—as a recent op-ed in the Washington Post puts it—“Everyone should have the retirement plan federal employees enjoy.”... READ MORE
After nearly six years of litigation, the settlement terms of an ERISA litigation case that has been all the way to the U.S. Supreme Court (and “back”) have come to light. Specifically, plaintiffs Larry W. Jander and Richard Waksman and Defendants Retirement Plans Committee of IBM, Richard Carroll... READ MORE
Another federal court has weighed in on the status of participant data as a plan asset. The issue arose most recently last January in an excessive fee suit brought by the St. Louis-based law firm of Schlichter, Bogard & Denton on behalf of four participant-plaintiffs in Shell Oil Co.'s $10.5... READ MORE
A new excessive fee suit is long on explanations and short on allegations, but makes some familiar arguments from a relative newcomer to ERISA litigation. This particular suit (Mator v. Wesco Distrib., Inc., W.D. Pa., No. 2:21-cv-00403, complaint 3/26/21) was filed on behalf of current... READ MORE
Is the concept of “retirement” no longer relevant? For starters, there are any number of consumer surveys that suggest that a growing number of American workers—of all ages—no longer expect to retire—or expect to do so at ages well beyond what is likely to be available to them.  Moreover, there... READ MORE

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