Fiduciary Duty, Excessive Fees, Corporate Counsel

Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International

Jackson Lewis P.C. on 6/12/2025

The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a...more

Every Little Thing … Employer Considerations as New 401(k) Lawsuit Includes Extensive Claims

Holland & Hart - The Benefits Dial on 4/2/2025

by Alex Smith A recently filed lawsuit related to Swiss Re’s 401(k) plan stands out because of the extensive assortment of allegations...more

District Courts Reach Opposite Conclusions on 401(k) Excessive Fee Claims

Proskauer - Employee Benefits & Executive... on 3/16/2023

A district court in the Southern District of Ohio and one in the Western District of Wisconsin reached opposite conclusions on motions to dismiss claims for fiduciary breach based on allegations that recordkeeping fees were...more

In ERISA Excessive Fee Cases, the Pendulum May Be Swinging Back In Favor of Plan Sponsors

Fox Rothschild LLP on 9/14/2022

A new decision from the U.S. Court of Appeals for the 7th Circuit in a so-called “excessive fee” case is good news for plan sponsors, particularly following the Supreme Court’s ruling earlier this year in Hughes v....more

ERISA Plan Controversy: Rising Stakes for Those Unprepared

McDermott Will & Emery on 3/22/2019

WHAT’S THE EXPOSURE? • Settlements up to $140 million • Last year alone, settlements of $17 million, $22 million, $24 million, and among others • Plaintiffs’ lawyers generally get 1/3 of the settlement amounts • Plaintiffs’...more

Recent Cases Shed Light on Retirement Plan Excessive Fee Litigation

Maynard Nexsen on 10/12/2017

As we approach the end of the year, 2017 is turning out to be significant in the ever-evolving world of litigation over 401(k) plan fees. Since 2006, plaintiffs’ firms have brought hundreds of lawsuits across the country on...more

Exceptional Plan Governance: Beat Back the Coming Litigation Onslaught

BCLP on 6/7/2016

It was bound to happen. For several years, the plaintiffs’ bar has sued fiduciaries of large 401(k) plans asserting breach of their duties under ERISA by failing to exercise requisite prudence in permitting excessive...more

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