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The 'Terror' of 401(k) Litigation
Data 'Points' Link to more items from this source
[Opinion]
Dec. 21, 2020

"When the dust 'settles' in these cases ... most still produce nothing but a monetary 'arrangement' -- the amount nearly always significantly less than the damages alleged, and the per participant recovery relatively small.... Those suits that do go to trial generally seem to turn out in favor of the plan fiduciary(ies), either because the substance behind the plaintiffs' claims is found to be insufficient, or the actions of the plan fiduciaries are determined to clear the admittedly high bar of ERISA's prudence."

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