What is emerging claims?
A new generation of ERISA cases is reshaping the landscape: 401(k) forfeiture-allocation suits, private-equity and alternative assets in core menus, health-plan fiduciary actions against PBMs, and tobacco-surcharge wellness-program challenges. These claims are moving fast. Cases typically proceed under ERISA's civil-enforcement provisions in federal court, with relief flowing to the affected plan and its participants.
How these cases work
An ERISA case begins with a careful investigation: reviewing plan documents, Form 5500 filings, fee disclosures, and the plan's investment lineup against peer plans and prudent alternatives. If a viable claim exists, counsel typically files in federal court on behalf of the plan and a class of participants. The court evaluates fiduciary process — not just outcomes.
Signs your plan may be affected
- Forfeitures used to offset employer contributions rather than reduce participant fees
- PE or alternative asset sleeves added to a core 401(k) menu
- Surcharges on tobacco users with no reasonable cessation alternative
Not sure if your plan fits the pattern?
Tell us about your employer and plan. An attorney will follow up within one business day.
What you can recover
- Restoration of plan losses
- Refund of improperly imposed surcharges
- Equitable reform of plan terms
Who qualifies
- Plan participants exposed to the challenged practice during the limitations period
Recent developments
- Executive Order 14330 (2025) opened 401(k) menus to private equity, raising fiduciary-process questions.
Related claims in this practice
Frequently asked questions
Plans have always faced choices about how to use forfeited employer contributions; only recently have participants begun to challenge those choices systematically.
Was your 401K plan named in a lawsuit?
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