"Rulings tend to favor plaintiffs on allegations relating to ... [1] Recordkeeping fees ... [2] Offering high-fee actively-managed funds; [3] Maintaining poor performing investments. Rulings tend to favor plans/plan fiduciaries on allegations covering ... [1] Offering a large number of investment options ... [2] Selecting and maintaining investment options with unnecessary/excessive fee layers; [3] Entering into 'lock-in' arrangements; [4] Breach of the duty of loyalty. Rulings are notably split with regard to allegations that plan fiduciaries imprudently offered higher cost retail class mutual fund shares when an allegedly identical and cheaper institutional class mutual fund shares are available."  MORE >>