401(k) Forfeitures Under Fire: Unpacking Recent Legal Battles

Seyfarth Shaw LLP

In this episode, Richard and Sarah are joined by Ian Morrison, a Partner in Seyfarth’s ERISA Litigation group to delve into a new line of cases alleging that forfeitures are plan assets, and must be used to benefit plan participants. The plaintiffs in these cases are claiming that using forfeitures to offset employer contributions – a common practice – amounts to disloyal conduct by the fiduciaries and self-dealing by the employer. This episode also explores the defense’s arguments that this practice is lawful, backed by longstanding Treasury Regulations and Department of Labor guidance. Grab your cup of coffee and tune in to hear Richard and Sarah discuss these recent cases with Ian, and the steps plan sponsors can take to navigate this evolving legal landscape.

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