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Employee Benefits › Retirement Plan › Forfeiture Statutes

Carlton Fields

Painting Outside the Lines: New Strokes in ERISA Forfeiture Litigation

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ERISA forfeiture class action litigation has continued to see various developments and potential new theories emerging in 2025. As Carlton Fields has previously reported, starting in late 2023, a new trend of lawsuits emerged...more

Seyfarth Shaw LLP

Federal District Court Dismisses Another 401(k) Forfeitures Suit

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Since September 2023, there have been at least 25 lawsuits filed claiming the ability to choose between using 401(k) forfeitures to reduce plan expenses or the plan sponsor’s contributions is a fiduciary choice, and that...more

Nossaman LLP

Felony Forfeitures Statutes Tested Again: A Tale of Two States’ Pension Reform Statutes–One Forfeiture Survives and One Does Not

Nossaman LLP on

The constitutionality of California’s felony forfeiture statute, as applied by the Board of Administration of the California Public Employees’ Retirement System (CalPERS), survived yet another challenge in September 2023,...more

Nossaman LLP

California Court Of Appeal Rejects Constitutional Challenges To New Felony Forfeiture Statute

Nossaman LLP on

The evolution of vested rights jurisprudence in California is far from over, with the Second District Court of Appeal (“DCA”) stepping into the fray with its June 19, 2018 decision, Hipsher v. Los Angeles County Employees...more

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