There has been a recent rise in Employee Retirement Income Security Act of 1974 (ERISA) litigation against third-party administrators (TPAs) and other service providers challenging their management of self-funded health...more
6/2/2025
/ Appeals ,
Breach of Contract ,
Contract Disputes ,
Damages ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance ,
Motion to Dismiss ,
Self-Funded Health Plans
In Hutchins v. HP Inc., the U.S. District Court for the Northern District of California dismissed – with prejudice – the plaintiff's claims challenging the use of forfeited employer 401(k) contributions. This is the latest...more
2/13/2025
/ 401k ,
Benefit Plan Sponsors ,
Class Action ,
Compliance ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
ERISA Litigation ,
Fiduciary Duty ,
Forfeiture ,
Retirement Plan
There has been a recent uptick in ERISA class actions challenging the use of 401(k) plan forfeitures. Forfeitures are employer contributions that participants forfeit when they leave employment before those contributions vest...more
1/24/2025
/ 401k ,
Benefit Plan Sponsors ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
Employer Contributions ,
Fiduciary Duty ,
Forfeiture ,
Plan Administrators ,
Retirement Plan ,
Risk Management ,
U.S. Treasury ,
Vesting
As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more
11/9/2023
/ Arbitration ,
Benefit Plan Sponsors ,
Class Action ,
Class Action Arbitration Waivers ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Petition for Writ of Certiorari ,
Split of Authority ,
Unenforceable Contract Terms