ERISA Litigation Involving Target Date Funds
Recent Developments in Business and Corporate Litigation, 2019 Edition
The American Bar Association’s (ABA’s) Business Law Section has published the 2019 edition of its annual compilation Recent Developments in Business and Corporate Litigation. Analysis Group Managing Principal D. Lee Heavner and Vice President Ahmer Nabi, together with three coauthors from O’Melveny & Myers, jointly wrote “ERISA Litigation Involving Target Date Funds,” a section of the chapter on ERISA litigation. Their contribution assesses a series of cases dealing with target date funds (TDFs) held in ERISA retirement plans. Heavner, Nabi, and their coauthors provide an overview of the history and makeup of TDFs, explain their popularity in retirement investing, and outline some of the complexities involved in evaluating their historical performance. They then review a series of legal challenges involving TDFs that have been brought under ERISA, including suits based on issues specific to particular TDFs, and offer concluding thoughts on the future of this litigation.
Recent Developments in Business and Corporate Litigation, 2019 Edition is available for sale on the ABA’s website.