I always say that no matter what you do, you don’t want to be a “mark.” A mark is the intended target of s scam or con game. In the world of professional wrestling, a “mark” is a fan who believes what they’re seeing is actually real. While I’m not trying to say that 401(k) litigation is any type of scam or illegitimate competition, I do believe that certain 401(k) plan sponsors can be “marks” or targets for litigation because they’re showing something glaring that shows that they are not exercising their fiduciary duty in a prudent manner So you avoid being a “mark” or target for 401(k) litigation, the plan sponsor should avoid the following cites in this article.