8/12/2026 5:44:00 PM Class Certification Not Automatic in 401(k) ERISA Litigation By Alex Smith Until recently, many assumed that class certification in 401(k) plan litigation involving ERISA breach of fiduciary duty claims was...
8/5/2026 5:16:55 PM Recent Ninth Circuit Decision Rejecting 401(k) Plan Arbitration Provision Weighs Against Adding Arbitration Provisions By Alex Smith While case law regarding the enforceability of arbitration provisions in ERISA retirement plans has been mixed, since the Ninth Circuit’s...
8/4/2026 2:08:12 PM Sunlight Will Soon Shine on Group Health Plan Fees By Benjamin Gibbons While a successful push by regulators towards retirement plan fee transparency began well over a decade ago, plan sponsors have remained...
7/23/2026 11:17:08 PM Strategically Consider LLC Domicile Selection to Waive Fiduciary Duties By Cris Wilcoxon The ability to modify or eliminate fiduciary duties through an LLC operating agreement varies dramatically by state. Because the choice...