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ERISA litigation in 2019: Despite recent ruling, torrid pace to continue

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An impending market downturn could force plan sponsors to reevaluate 401(k) menus, as actively managed funds, often at the center of ERISA suits, may prove not to be the pariah claimed. (Photo: Shutterstock)

A recent decision in the U.S. Court of Appeals for the Ninth Circuit upholding the dismissal of a 401(k) excessive fee lawsuit against Chevron Corp. was a welcomed ruling for employer sponsors of retirement plans, but it alone will not slow the pace of claims, according to one prominent ERISA attorney.

Nick Thornton

BenefitsPRO

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