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
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
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