News & Analysis as of

Employee Retirement Income Security Act (ERISA) › Class Action › Risk Management

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Forfeitures and Fiduciary Risk: What Plan Sponsors Need to Know Now

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Forfeitures have long been a sleepy corner of 401(k) plan administration, but recent class-action lawsuits are waking everyone up....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - March 2025

Keating Muething & Klekamp PLL on

The March Monthly Minute brings you three recent case updates addressing 401(k) forfeiture utilization, TPA responsibility for recovering self-insured plan’s fraudulently paid claims, and continued PBM litigation in the wake...more

Husch Blackwell LLP

ESOP Fiduciary Duties When Investing in Non-Stock Assets

Husch Blackwell LLP on

On February 6, 2025, a Pennsylvania federal judge gave preliminary approval to a $2.1 million settlement resolving a class action involving the Pride Mobility ESOP. This case is one of six brought so far—and the second to...more

Morgan Lewis - ML Benefits

Tobacco Surcharge Lawsuits: Considerations for Plan Sponsors

Morgan Lewis - ML Benefits on

A growing number of class action lawsuits have been filed against employer-sponsored self-insured group health plans alleging that tobacco cessation wellness programs violate key provisions of the Employee Retirement Income...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - January 2025

Keating Muething & Klekamp PLL on

The January Monthly Minute highlights a recent Texas court decision holding ESG investing violated ERISA and a new development in the J&J prescription drug case that found plaintiff lacked standing to sue, and also digs into...more

Holland & Knight LLP

An Emerging Trend in ERISA Class Action Litigation: 401(k) Forfeiture Suits

Holland & Knight LLP on

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

ArentFox Schiff

Top 10 ESG Developments for 2023

ArentFox Schiff on

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Pillsbury Winthrop Shaw Pittman LLP

Reducing Exposure to 401(k) Plan Class Action Litigation

Pillsbury Winthrop Shaw Pittman LLP on

Steering board members clear of being named plan fiduciaries is a start. Most board members don’t want to become 401(k) plan fiduciaries....more

FordHarrison

Home Care Agencies Sued for Illegal Use of Captive Insurance Company

FordHarrison on

Class action attorneys recently filed a first-of-its-kind class action against Edison Home Health Care (“Edison”) and Preferred Home Care of New York (“Preferred”) alleging that the home care agencies used a “captive”...more

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