On July 14, 2025, we published a detailed Legal Update describing the state of the law with respect to the ongoing wave of ERISA forfeiture lawsuits. This Legal Update analyzes the material developments that we have seen over...more
On August 7, 2025, President Donald Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Order”), which encourages the US Department of Labor (“DOL”) and other federal...more
Since September 2023, ERISA plaintiff’s firms have filed approximately 60 class action lawsuits challenging the longstanding practice of plan sponsors using plan forfeitures to offset their employer contributions in 401(k)...more
7/15/2025
/ 401k ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Contributions ,
ERISA Litigation ,
Fiduciary Duty ,
Forfeiture ,
Motion to Dismiss ,
Prohibited Transactions ,
Retirement Plan
Fresh off its April 17, 2025 decision in Cunningham v. Cornell University, the US Supreme Court is setting the stage to delve back into ERISA issues next Term. On Monday, the Court granted certiorari to resolve a circuit...more
On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled...more
7/24/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Government Agencies ,
Investment Management ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
Case Name and Number: Spence v. American Airlines, Inc., et al., No. 4:23-cv-00552 -
INTRODUCTION -
On June 20, 2024, Judge Reed O’Connor in the Northern District of Texas (the “court”) denied a motion for summary...more
6/27/2024
/ 401k ,
American Airlines ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary ,
Fiduciary Duty ,
Investment Management ,
Retirement Plan
Case Name and Number: Spence v. American Airlines, Inc., et al., No. 4:23-cv-00552 -
Introduction -
On February 21, 2024, Judge Reed O’Connor in the Northern District of Texas (the “Court”) denied a motion to dismiss an...more
3/8/2024
/ 401k ,
American Airlines ,
Benefit Plan Sponsors ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
ERISA Litigation ,
Fiduciary Duty ,
Fund Managers ,
Investment Funds ,
Motion to Dismiss ,
Retirement Plan