Ongoing forfeiture lawsuits involving major plans are reshaping how courts evaluate fiduciary oversight. Sponsors who rely on routine processes may discover that governance gaps create legal exposure for committees and financial harm for participants.
Tag "litigation"
Cunningham v. Cornell is testing whether traditional 401k fiduciary compliance truly protects plan sponsors. Courts and regulators are probing governance gaps, personal liability, and participant harm more aggressively than ever.
With Supreme Court scrutiny looming, comparator standards could either narrow or widen 401k fee litigation. Plan for both outcomes now.
The moments immediately following the detection of a cyber incident are crucial. Prompt containment limits damage, prevents data loss, and fortifies plan stability. A rapid protocol turns confusion into control, helping fiduciaries avoid ERISA liability and maintain operational stability.
2024 was a year of adaptation for retirement plan fiduciaries who navigated through regulatory changes, legal landscapes, and participant needs with a renewed focus on governance, liability management, and the holistic management of retirement plans.
This has been the most challenging of best practices. It has evolved over the years from “you can’t do that” to “you need to do that.” What does it take to make it better? Has the technology environment changed in such a way as to address long-standing obstacles.
This week is all about those wayward 401k features that are well beyond their expiration date. Careful, though. In the process, you’ll see what’s garbage to one is a work of art to another.
Here’s an inside look at what’s been making all those headlines the last few years, and maybe what might be making headlines in the next few years.









401k New Year Opportunities
The calendar flipped to 2026, and with it came a fresh crop of 401k new year opportunities. Will this be the year 403(b) plans finally shed legacy costs, SECURE 2.0 provisions hit their stride, and markets remind participants that risk never really sleeps?