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401k › Reversal

Proskauer - Employee Benefits & Executive...

Fifth Circuit Reverses Dismissal of 401(k) Fees Claims

Proskauer - Employee Benefits & Executive... on

The Fifth Circuit recently reversed a district court’s dismissal of claims that the fiduciaries of a 401(k) plan breached the duty of prudence under ERISA by offering participants retail share classes instead of cheaper...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Revives Second Excessive Fee 401(k) Plan Litigation

Proskauer - Employee Benefits & Executive... on

On Friday, for the second week in a row, the Ninth Circuit reversed dismissal of a 401(k) plan excessive fee litigation challenging the offering of retail share classes of mutual funds instead of cheaper institutional share...more

McDermott Will & Emery

Ninth Circuit Answers Some Questions About Arbitration of ERISA Claims

McDermott Will & Emery on

In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported...more

Adler Pollock & Sheehan P.C.

U.S. Supreme Court Rules That Employers Must Periodically Review Investment Options In 401(k) Plans And Remove Imprudent Funds

Adler Pollock & Sheehan P.C. on

An employer has fiduciary duties with respect to the 401(k) plan it provides its employees. Those duties include the obligation to choose prudent investment options and to consider the fees associated with service providers...more

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