Litigation & enforcement partner Dan Ward, benefits partner Josh Lichtenstein, and benefits consulting principal David Kirchner co-hosted a webinar on May 25 focused on the recent wave of retirement plan litigation focused on not-for-profits and how to mitigate risk for employers and plan sponsors. Plaintiffs’ firms are aggressively targeting 403(b)/401(k) retirement plan sponsors in a wave of lawsuits, alleging that record-keepers and mutual funds are overcharging fees to plan participants; a lack of prescribed process and documentation of the plans’ fund selection; and a lack of cybersecurity protection of plan participant accounts. Plan sponsors must understand and manage these risks to ensure they are taking the proper steps to follow good fiduciary governance practices. The webinar featured a discussion on the closely watched cases brought against 403(b)/401(k) plans and not-for-profit organizations. Panelists examined some of the background and unique issues that 403(b) plans face, the current litigation landscape and potential vulnerabilities for plan sponsors, and the steps plan sponsors should be considering to help mitigate and protect themselves against these potential risks. Attendees included nationwide general counsel and benefits executives from colleges and universities, health care institutions and other non-profit organizations. A link to the initial firm posting is here.
