WAIT, YOU MEAN MY PLAN IS A PLAINTIFF?

We have noticed a growing trend:  lawsuits filed by (or on behalf of) ERISA plans (sometimes class actions) against investment providers for charging excessive fees or otherwise gleaning improper profits from investments used in ERISA plans.  There is nothing unusual about the topic of the suit — for several years, ERISA plan fiduciaries have been defending class actions on the same topic.

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