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Will Plan Participants' Demands for Perfection Retire Large 401(k) Plans?
Cozen O'Connor, via Lexology Link to more items from this source
Feb. 5, 2016

"If selecting even a marginally more expensive investment option opens the door to liability, that marginal expense can add up to a crushing damages award when multiplied across the entire plan. Anthem's plan is one of the largest in the United States, and has more than 59,000 participants with account balances. Would-be plaintiffs seem to be increasingly aware of this vulnerability, and cases like Bell v. Anthem could become more common as participants stake their bets on defendants' willingness to settle for cents on the dollar, rather than take their chances in litigation."

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