"Traditional excessive fee lawsuits remain a major share of ERISA filings, but the contours of those claims are shifting.... One of the most notable developments of 2025 is the surge in lawsuits challenging how employers use 401(k) forfeitures ... To date, more than 80 cases have been filed since the wave began back in 2023, with over 30 cases having been filed just since May of this year.... Recent years have seen new lawsuits challenging what ERISA group health plans pay for prescription drugs. These cases have faced major obstacles[.]"  MORE >>