ERISA Fee and Investment Litigation Update

ALI CLE [American Law Institute Continuing Legal Education]

Class actions challenging 401(k) and 403(b) plan fees are on the rise, with over 170 separate class actions having been filed around the country across different industries and against plans of varying sizes. The underlying claims in these suits typically allege excessive fees, poor fund choices, poor plan design, fiduciary neglect, and/or prohibited transactions. In January, the Supreme Court’s unanimous decision in Hughes v. Northwestern University, remanding the case back to the 7th Circuit, demonstrated that the fiduciary duty of prudence required by the Employee Retirement Incomes Security Act (ERISA) remains as important as ever. It reaffirmed the duty to continuously monitor investment options under the plan, especially when lower-cost share classes are available for funds.

What does the future hold for these cases and claims? Join us for a concise discussion of the issues in contention from both sides of the aisle.

What You Will Learn

In this one hour webcast, a plaintiff and a defense lawyer – each with four decades of ERISA practice experience – will come together to provide balanced viewpoints on:

• How did we get here: a brief history of ERISA fee litigation
• The Hughes case and the significance of the Court’s decision
• Claims and defenses asserted
• Potential lessons learned and best practices
• What the future may hold

More Information, How to Register