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Retirement Plan › Share Classes

Proskauer - Employee Benefits & Executive...

Fifth Circuit Reverses Dismissal of 401(k) Fees Claims

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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 Rose LLP

2 ERISA Rulings Highlight Need for Different Defense Tactics

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Albert Einstein is famously credited with saying, "Insanity is doing the same thing over and over and expecting different results." This adage comes to mind as defense counsel continue to resort to the same strategies for...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

Proskauer - Employee Benefits & Executive...

Ninth Circuit Revives Fee Challenge to Salesforce.com 401(k) Plan

Proskauer - Employee Benefits & Executive... on

On Friday, the Ninth Circuit became the first circuit court to rule in a 401(k) plan fee and investment litigation following the Supreme Court’s January 2022 decision in Hughes v. Northwestern University, 142 S. Ct. 737...more

Jackson Lewis P.C.

Second Circuit Revives Share-Class Claim In NYU Retirement Plan Class Action

Jackson Lewis P.C. on

In Sacerdote v. New York University, a class of university employees who participated in Defendant’s 403(b) plans brought ERISA breach of fiduciary duty claims against Defendant, challenging the administration of its...more

Carlton Fields

SEC Pressures Advisers on Undisclosed Conflicts

Carlton Fields on

We are actively looking for circumstances where an adviser is financially conflicted by incentives that could affect investment recommendations to clients. ... And I will tell you: the more we look, the more undisclosed or...more

Faegre Drinker Biddle & Reath LLP

Best Practices for Plan Sponsors #11

Faegre Drinker Biddle & Reath LLP on

This is the eleventh in a series of articles about Best Practices for Plan Sponsors. To be clear, “best practices” are not the same as legal requirements. Instead, they are about better ways to manage retirement plans. In...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Allegations of ERISA Fiduciary Violations

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined allegations brought by members of a company’s 403(b) retirement savings plan that the plan fiduciaries violated their duties by selecting and failing to replace higher-cost...more

Faegre Drinker Biddle & Reath LLP

Best Practices for Plan Sponsors #9

Faegre Drinker Biddle & Reath LLP on

Best Practices: Lessons Learned from Litigation (#2)—the Vanderbilt Case - I am writing two series of articles that together are called “The Bests.” One is about Best Practices for Plan Sponsors, while the other is about...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Well here is where an advisory firm gets in trouble

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

A good chunk of my work as an ERISA attorney is working with financial advisory firms in managing their retirement plan practice especially with 401(k) plans. I have many registered investment advisory clients around the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Fiduciary Rule will clear out the Alphabet Soup of Share Classes

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

When it comes to mutual funds offered under 401(k) plans, I’ve always believed that the multiple share classes was something out of an alphabet soup. I’m not an advisor, so I don’t know how or why there is so many share...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You Can Always Be A Step Away From Getting Sued

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

A well-respected registered investment advisor was recently named as a defendant in a class-action lawsuit against a $1 billion 401(k) plan. I’m not going to cite the particulars and I’m not going to opine because a...more

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