Tr?id=566623520170033&ev=PageView&noscript=1

Wave of ERISA Class Actions Challenges 401(k) Plan Practices

Posted on May 21st, 2025 at 4:11 PM
Wave of ERISA Class Actions Challenges 401(k) Plan Practices

From the Desk of Jim Eccleston at Eccleston Law

A surge in class action lawsuits under the Employee Retirement Income Security Act (ERISA) is forcing employers to reevaluate how they manage workplace retirement plans. According to a new report from law firm Duane Morris, settlement amounts in these cases have skyrocketed in recent years, drawing more seasoned plaintiffs' attorneys into the ERISA litigation space.

Federal courts have allowed these claims to proceed past motions to dismiss, signaling that they present plausible causes of action under ERISA.

Experts told Financial Planning that for plaintiffs’ counsel, achieving class certification in these cases represents a significant victory. Class certification typically drives companies to settle, often for large sums.

Meanwhile, FinancialPlanning reports that ERISA litigation is expanding in other areas. Earlier this month, the U.S. Supreme Court unanimously lowered the threshold for plaintiffs alleging prohibited transactions in retirement plans. The case involved Cornell University employees who claimed their retirement plans engaged in prohibited transactions by contracting with service providers charging excessive fees. The decision forces defendants to provide clear evidence of any applicable statutory exceptions early in the litigation, a shift that will likely encourage more filings.

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: Eccleston, Eccleston Law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I have the best legal firm in the country to defend me. Awesome job!

Cindy C.

LATEST NEWS AND ARTICLES

1782226532 Law
June 23, 2026
NASAA Advances Investment Adviser Advertising Reforms and Franchise Broker Registration Framework

The North American Securities Administrators Association (NASAA) has approved significant regulatory initiatives aimed at modernizing oversight of investment advisers and strengthening protections for individuals considering franchise investments.

1782150000 Law
June 22, 2026
Illinois Regulators Accuse "Mr. Finance" of Operating Unlicensed Investment Scheme

Illinois securities regulators have accused a Chicago-area businessman known as "Mr.

1781893504 Law
June 19, 2026
FINRA Suspends Former Stifel Rep for Undisclosed Customer Settlements

The Financial Industry Regulatory Authority (FINRA) has suspended a former Stifel representative for three months and imposed a $10,000 fine after finding that she settled customer complaints without notifying her firm and conducted securities-related communications through an unapproved personal device.