News & Analysis as of

Retirement Plan › Class Action › Employer Liability Issues

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

United Health is latest 401(k) forfeiture lawsuit

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

UnitedHealth Group is the latest big-name employer to get hit with a class action lawsuit over how it handles 401(k) forfeitures. The case, Kotalik et al. v. UnitedHealth Group Inc., accuses the company and its plan...more

A&O Shearman

Supreme Court’s Cornell decision sets low pleading bar for ERISA claims

A&O Shearman on

In a decision poised to change the landscape of Employee Retirement Income Security Act of 1974 (“ERISA”) litigation, on April 17, 2025, the Supreme Court held in Cunningham et al. v. Cornell University et al. that a claimant...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clorox forfeiture case goes forward

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

The U.S. District Court for the Northern District of California has decided not to dismiss a class action lawsuit against The Clorox Company and the employee benefits committee of The Clorox Company 401(k) Plan. The lawsuit...more

Holland & Hart - The Benefits Dial

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

Holland & Hart - The Benefits Dial on

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

Keating Muething & Klekamp PLL

Benefits Monthly Minute - October 2024

Keating Muething & Klekamp PLL on

The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more

McDermott Will & Schulte

[Event] Employment, Benefits And Compensation Forum: Control Your Own Headlines - October 10th, Chicago, IL

McDermott Will & Schulte on

CONTROL YOUR OWN HEADLINES - In today’s high-stakes environment, in-house counsel and HR professionals are often on the frontlines, responding to headlines that threaten business and reputational objectives. Join...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Class action lawsuit isn’t the only fear

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

Plan sponsors will say it all the time: they are too small to be sued in a class action lawsuit. That may be true, but a class action lawsuit isn’t the only thing to fear....more

Proskauer - Employee Benefits & Executive...

ERISA Section 510 Interference Claim Time Barred

Proskauer - Employee Benefits & Executive... on

A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as...more

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