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How Morgan Lewis Proved That Capozzi's Purported 'Excessive' Fee Case Was Implausible
Encore Fiduciary 
[Opinion] June 9, 2022 "[There are] lessons that can be learned from Morgan Lewis's masterful dismissal motion. These defense tactics apply to many of the illegitimate purported excessive fee lawsuits based on exaggerated and inaccurate data.... The only potentially legitimate excessive recordkeeping claim is if it is based on the rule 408b2 or 404a5 fee disclosures, and compared to the accurate fee disclosures of other companies with similar recordkeeping services. But the vast majority of lawsuits use deceptive Form 5500 inflated data." [Morales v Capital One Fin. Corp., No 21-1454 (E.D. Va. May 27, 2022)] MORE >> |
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