Ben Conley and Sam Schwartz-Fenwick Write on Potential Wave of Welfare Fiduciary Litigation in Employee Benefit Plan Review

Seyfarth’s Ben Conley and Sam Schwartz-Fenwick co-authored an article, “Drugmaker Sued for…Overpaying for Drugs? Lawsuit Ushers in Expected Wave of Welfare Fiduciary Litigation,” in the May 2025 edition of the Employee Benefit Plan Review. The Seyfarth attorneys discussed the filing of the first complaint in what is expected to be a wave of litigation alleging breach of fiduciary duty in selecting and monitoring welfare plan vendors. They offer early insight into how future cases may unfold, even though the facts of this case differ somewhat from most employer-sponsored plans.

“In short, employers should continue to engage in prudent fiduciary decision-making processes in their selection of PBMs and consultants and their contracting with other vendors.”

The full article is available here.