Story after story keep telling the same story – that class action litigation against ERISA plan sponsors and fiduciaries is a growth industry. Encore Fiduciary’s Daniel Aronowitz and Karolina Jozwiak have a great, data rich piece out in Planadvisor documenting this fact, and the legal media world is all atwitter about the latest new way to sue a plan fiduciary, which is by accusing him or her of the dastardly deed of considering ESG factors in selecting investments.

I mention this because it is a perfect lead in to my seventh most popular blog post of the year just gone by, which was a plea for plan sponsors and their insurers to invest in reining in the run away costs of this type of litigation. I had fun with writing it, but it was driven, at the end of the day, really by a certain level of frustration with the status quo in the legal and insurance world with these types of cases. And with that lead up, here is the seventh most popular post on my blog in 2024, “A Modest Proposal for Solving (At Least Part of) the ERISA Class Action Litigation Crisis.”