Judge dismisses suit against AT&T plan

Judge dismisses suit against AT&T plan
Plaintiffs given until July 30 to file amended complaint against executives of the $38.6 billion plan.
JUL 24, 2018

A U.S. District Court judge in Los Angeles dismissed claims by participants in the AT&T Retirement Services Plan, Dallas, that plan fiduciaries failed, among other things, to use the plan's large size to "obtain reasonable" record-keeping fees and failed to monitor its record keeper's total compensation leading to "unreasonable administrative expenses." Chief U.S. District Judge Virginia A. Phillips dismissed the suit on July 18, saying she was "not satisfied" that the complaint "properly alleges standing and timeliness" of the participants' arguments. She gave plaintiffs until July 30 to file an amended complaint against executives of the plan that had $38.6 billion in assets as of Dec. 31, according to the company's latest 11-K filing. The ruling in Alas et al. v. AT&T Inc. et al. noted the parties agreed on Dec. 21, 2017, that the corporate parent be dismissed as a defendant. The judge rejected the participants' allegation that the AT&T plan should have included institutionally priced investments in the plan's self-directed brokerage account. The plaintiffs, she wrote, failed to show any financial losses based on such investments. The fact that only one of the plaintiffs was enrolled in the self-directed brokerage "is not sufficient to support a plausible inference that he suffered an injury," she wrote. The judge also noted plaintiffs had argued that the plan's Form 5500s were not distributed to them. "Plaintiffs do not and cannot dispute that such documents were indeed publicly available" in a timely manner. The Form 5500s "form the basis" for the record-keeping and self-directed brokerage arguments, the judge wrote, adding the complaint "lacks any allegation regarding when plaintiffs discovered defendants' alleged misconduct." Robert Steyer is a reporter at InvestmentNews' sister publication Pensions & Investments.

Latest News

Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface
Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface

Broker-dealers that sold the defunct securities backed by Inspired Healthcare generated more than $100 million in fees and commissions.

MetLife poll finds high-value home sales are becoming tax-planning events
MetLife poll finds high-value home sales are becoming tax-planning events

A new MetLife survey finds real estate professionals are increasingly steering clients toward tax experts as rising property values leave more sellers facing significant capital gains.

Kestra adds Raymond James recruiter to expand advisor hiring push
Kestra adds Raymond James recruiter to expand advisor hiring push

The independent broker-dealer expands its business development bench with a new recruiter and an internal promotion in the West.

Cerity Partners names Will Peng chief innovation officer
Cerity Partners names Will Peng chief innovation officer

The leading ultra-high-net-worth RIA joins other large wealth firms, including Raymond James and LPL, in creating executive roles focused on artificial intelligence strategy

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.