Our staff and affiliates have been at the forefront of numerous matters involving ERISA and pension performance-related issues. Analysis Group has worked on some of the largest ERISA-related litigations in recent years.
We have examined investment suitability, evaluated company stock holdings, analyzed allegations of excessive fees, and consulted on matters specific to defined benefit pension plans.
When a plan performs poorly, plaintiffs often allege that the portfolio was not managed in a reasonable manner and/or the selection of the portfolio manager was not prudent. In analyzing the suitability of ERISA portfolios, Analysis Group has examined issues such as the diversification of holdings, the appropriateness of the investment management strategy, and the adherence of the investment manager to the stated investment guidelines.
When the value of company stock held in an ERISA plan declines, it is not unusual for plan participants to file suit alleging that it was imprudent for plan fiduciaries to allow plan participants to invest in the company’s stock. Our expert work in ERISA “stock drop” cases has included providing analyses related to liability, damages, and class certification issues.
A common allegation in recent ERISA litigation has been that plan fiduciaries allowed service providers to charge “excessive” fees. Analysis Group has been retained to analyze allegations of excessive fees associated with services providers to multi-billion dollar retirement plans as well as with major service providers to smaller retirement plans.
Defined Benefit Plans
We have experience both in litigation and consulting on matters specific to defined benefit plans. Our work has included measuring a plan’s liabilities, evaluating whether cash balance plans were discriminatory, and assessing the fees and benefits offered under employee welfare plans.