Crucial court case may spur 401(k) lawsuits

Advisers need to keep an eye on a particular court case regarding 401(k) fees, because if the U.S. Court of Appeals rules in favor of participants, an outpouring of additional lawsuits could occur in short order, according to a lawyer who specializes in retirement issues.
OCT 14, 2008
By  Bloomberg
Advisers need to keep an eye on a particular court case regarding 401(k) fees, because if the U.S. Court of Appeals rules in favor of participants, an outpouring of additional lawsuits could occur in short order, according to a lawyer who specializes in retirement issues. Marcia S. Wagner, president of The Wagner Law Group in Boston, spoke Monday at the Western Springs, Ill.-based Center for Due Diligence’s 2008 Advisor Conference in Scottsdale, Ariz. She cited the case Hecker v. Deere, in which employees sued Moline, Ill.-based Deere & Co. over fee disclosures of indirect costs such as revenue sharing. Courts had ruled that a company was not required to disclose revenue sharing. However, Ms. Wagner said that if the court, which is expected to make a decision shortly, rules in favor of participants, this will affect how advisers work with all 401(k) plans. Additionally, this will likely mean a slew of suits against employers and advisers. Ms. Wagner said the number of lawsuits filed could be similar to what happened when hundreds of suits were filed against the asbestos industry. “Almost all 401(k) lawsuits are on hold until this one comes out,” she said. “If they rule for the plaintiff, then 401(k) plans may become the next asbestos cases, and you’ll see tons of new lawsuits.”

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave