What is erisa litigation?
ERISA litigation is civil action brought under the Employee Retirement Income Security Act of 1974 against fiduciaries who mismanage workplace retirement and benefit plans. Common claims include excessive fees, imprudent investment selection, prohibited transactions, and failure to monitor co-fiduciaries. 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
- Plan fees materially higher than peer plans of similar size
- Retail-share-class mutual funds when institutional shares were available
- Persistent underperformance versus appropriate benchmarks
- Use of proprietary or affiliated investment products
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 losses to the plan
- Disgorgement of profits earned through prohibited transactions
- Equitable relief, including removal of breaching fiduciaries
- Attorneys' fees and costs under ERISA § 502(g)
Who qualifies
- Current or former participants in an ERISA-governed plan
- Beneficiaries of an ERISA plan
- Plans where the conduct occurred within the applicable statute of limitations
Recent developments
- Cunningham v. Cornell (S. Ct. 2025) lowered the pleading burden for prohibited-transaction claims.
- Executive Order 14330 opened 401(k) menus to private-equity and alternative assets, raising new prudence questions.
- Forfeiture-allocation litigation continues to expand across federal courts.
Related claims in this practice
Frequently asked questions
ERISA is the federal statute that governs most private-sector employee benefit plans, including 401(k), 403(b), pension and health plans.
Was your 401K plan named in a lawsuit?
We'll listen, ask a few questions, and tell you honestly whether your situation looks like a case. No pressure. No cost.
- Speak directly with an ERISA attorney.
- Contingency representation — no fee unless we recover.
- Confidential. Your employer is never contacted without your consent.
A few quick questions — no legal or financial know-how needed.
What kind of retirement plan do you have through work?
Don't worry if you're not sure — just pick the closest one.
