How does a underperforming funds claim work?
Retention of a persistently underperforming 401(k) fund can be a fiduciary breach when prudent fiduciaries would have removed it, especially where comparable funds delivered meaningfully better risk-adjusted returns. A typical investigation reviews the plan's Form 5500 filings, fee disclosures, and the investment lineup over a multi-year window to identify deviations from prudent process.
What evidence matters?
Documentary evidence usually drives the case: meeting minutes of the plan committee, fee benchmarking studies, share-class analyses, and contemporaneous communications with recordkeepers and consultants. Participant testimony is rarely required outside of named-plaintiff depositions.
How long do I have to act?
ERISA limitations periods vary by claim — generally six years from the breach or three years from actual knowledge, with possible extensions for concealment. Waiting risks losing the claim entirely.
Frequently asked questions
Eligibility depends on your role in the plan, the conduct alleged, and the time period involved. A free review is the fastest way to find out.
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.
