23.01.2026 02.34 CST
A new wave of ERISA litigation challenges employer oversight of voluntary benefit plans, raising questions about fiduciary duties, broker compensation, and plan governance.
The Next Wave of Fiduciary Challenges
New ERISA lawsuits target voluntary benefit plans, alleging fiduciary breaches by employers and brokers over commissions, fees, and plan oversight.
Recent ERISA class actions allege failures in oversight of voluntary benefit plans, extending fiduciary and excessive-fee scrutiny beyond retirement programs.
29.04.2025 09.40 CDT
The Supreme Court interprets ERISA to allow fiduciary claims to proceed based solely on allegations that a transaction occurs between a plan and a party in interest for goods or services, and places the burden on plan fiduciaries to prove that the fees paid are reasonable.
Tide of ERISA Litigation to Continue
A new Supreme Court ruling may further open the door to ERISA fiduciary claims.
Supreme Court decision simplifies allegations needed for plaintiffs’ claims of fiduciary misconduct to proceed.
28.01.2025 01.57 CST
A federal court in Texas has ruled that American Airlines breached its duty of loyalty under ERISA by failing to respond to activities undertaken by a plan investment manager (BlackRock) supporting ESG initiatives. The court was unable to find a breach of prudence—rather it relied solely on the obligation of “loyalty.”
Spence v. American Airlines: Expanding the Playing Field for Fiduciary Liability?
A new ruling of fiduciary liability could cause fiduciaries to further examine firewalls between corporate policy and retirement plan management.
Federal court seeks to make ESG initiatives (even) riskier.
06.01.2025 12.00 CST
Some trends that might affect retirement plans under Trump 2.0.
The incoming administration has not articulated a benefits agenda. However, there are certain trends we can anticipate over the next few years.
10.09.2024 01.44 CDT
Two cases reach opposite conclusions on whether employers must use forfeitures to play plan expenses—and are (effectively) precluded from using them to reduce employer contributions.
New Front on Fiduciary Litigation?
Two cases reach opposite conclusions on whether employers must use forfeitures to play plan expenses—and are (effectively) precluded from using them to reduce employer contributions.
In two recent court decisions (Hutchins v. HP Inc and Perez-Cruet v. Qualcomm Inc) plaintiffs claimed that employers’ decision to use forfeitures to reduce employer contributions (and not to pay for plan administrative expenses) was a breach of ERISA fiduciary responsibility. The courts reached opposite conclusions in these cases—with one court (Hutchins) dismissing the complaint and the other (Perez-Cruet) denying the motion to dismiss and allowing the case to proceed.