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The recent wave of excessive fee claims against fiduciaries of retirement plans is growing, and most employers that sponsor a retirement plan should be concerned about potential liability, according to a recent whitepaper, "The War on Retirement Plan Fees: Is Anyone Safe?" by Alison Martin from Chubb and Lars Golumbic from Groom Law Group.

An increasing number of smaller retirement plans have faced excessive fee litigation over the past few years, according to the report, including plans with fewer than 1,000 participants and less than $100 million in assets.

Lawsuits are cropping up against all types of plans, like 403(b) plans, multiple employer plans, defined benefit pension plans, and even ERISA-exempt plans, says the report. And against all types of plan sponsors, including public and privately held companies, universities, nonprofit organizations, financial institutions, and health care systems.