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The pace of 401(k) litigation against plan sponsors shows no signs of slowing down. In 2020 alone, more than 100 cases alleging breaches of fiduciary duties, usually revolving around excessive fees and conflicts of interest. Most of the cases have gone after larger plans such as Estee Lauder, Costco and Trader Joe’s.

That doesn’t mean that small plan sponsors shouldn’t pay attention to the legal landscape. Litigation typically filters down to plans of all sizes and has led to changes across the entire retirement industry, not just the targets of lawsuits.

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