ERISA Class Action Litigations Involving Plans That Held Investment Options Affiliated with the Plan Sponsor
Analysis Group has been retained by defendants in several class action litigations in which plaintiffs alleged that the defendants had violated fiduciary duties under ERISA by directing retirement plan assets into investments managed by an entity currently or formerly affiliated with the plan sponsor. In these matters, plaintiffs have accused plan fiduciaries of engaging in corporate self-dealing by allegedly selecting affiliated funds over better-performing, lower-cost options, in an attempt to generate substantial revenue for their own benefit. Plaintiffs have sought to recover claimed losses sustained through the alleged assessment of excessive fees and the alleged underperformance associated with the challenged investments. The Analysis Group teams, led by Managing Principal Lee Heavner, supported several leading experts in reviewing the reasonableness of the due diligence process used to select and monitor investment options, the investments selected for the retirement plans, and the fees charged to the plans and plan participants.