There is a great article today in the Wall Street Journal on the adoption of 401(k) plans by smaller companies, noting that this phenomenon is driven by both legislative and labor market developments, and crediting these changes with pushing employee participation in 401(k) plans to half of the labor force. All good news, but there

Some things are just evergreen when it comes to ERISA, a point that is driven home whenever, as now, I publish my top ten most read blog posts of the prior year. The Supreme Court just returned, for about the umpteenth time, to the subject of excessive fee class action litigation and the question

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

It’s interesting. Blog posts have “legs” (you should get the intentional pun in a minute) for all sorts of reasons, and it can be hard to figure out why in any particular case. With regard to my eighth most popular blog post of 2024, it might have been the great picture of horses

So two stories today give me a soapbox to address one aspect of ERISA class action litigation and the push back from plan sponsors and their fiduciary liability insurers against the costs imposed on them by this line of litigation. One story, which to protect the innocent I won’t otherwise identify, involves court approval of

There’s an old New Yorker cartoon that shows a grandfatherly man talking to a younger man in a library, and he says to him that “Those who don’t study history are doomed to repeat it [while] those who do study history are doomed to stand by helplessly while everyone else repeats it.” Am I the

Jacklyn Wille of Bloomberg Law, who by now knows more about ERISA litigation than most ERISA litigators, has an interesting article out (you can find it here; subscription may be required), concerning court approval of a “$1.7 million class settlement benefiting participants in an Advance Auto Parts Inc. subsidiary’s retirement plan . . .

I wanted to pass along this advisory from Davis Wright Tremaine which argues for legislative action to, in essence, raise the bar that plaintiffs have to hurdle to prosecute an ERISA excessive fee class action. What I like most about it is the authors do not simply complain and ask for legislative intervention, but instead

Growing up in Baltimore in the Seventies (you can take the boy out of Baltimore but you can’t take the Orioles out of the boy – go Birds!), I developed a love of horse racing, back in the heyday of Pimlico racetrack and the Preakness. I still remember watching Secretariat run the second leg of

I suspect every client I have ever represented in litigation can testify that I am overly fond of the old saying if you have the facts, argue the facts; if you have the law, argue the law; and if you have neither, jump up and down and scream. In my view, most of the time