About the Course
Introduction
This CLE webinar will review the most important trends and developments in ERISA and defined benefit plan class actions. The panel will discuss, among other things, forfeiture class actions and pending circuit cases, the aftermath of Cunningham v. Cornell, 604 U.S. ____ (2025), and Hughes v. Northwestern University, 595 U.S. 170 (2022), and the circuit split with respect to arbitration and class waivers for ERISA claims.
Description
Class actions arising under ERISA continued to surge throughout 2025. When claims allege actions that affect large swaths of plan participants, courts often are willing to defer any potential individualized inquiries to the merits or damages phases of the case. As a result, both sides invest heavily in obtaining or avoiding early dismissal through Federal Rule 12(b)(6) motions.
Most class actions allege that the plan administrators breached their fiduciary duties with respect to how they managed 401(k) and other types of retirement plans, requiring plaintiffs to point to a defective process and not just a bad investment result. Plaintiffs also frequently assert that the breaches resulted in excessive fees or that fiduciaries engaged in prohibited transactions, which Cunningham v. Cornell made easier to plead.
More recently, there has been a wave of forfeiture class actions alleging that forfeited funds must be allocated to administrative expenses first before being paid to plan sponsors. Although many such claims have been dismissed, cases are pending before several circuit courts of appeal. Meanwhile, a circuit split has developed over arbitration and class waivers for ERISA litigation, often related to denial of benefits actions. Last but not least, Congress has introduced legislation attempting to address some of these issues.
Listen as this panel of ERISA class action litigators discusses the most important developments in 2025 in ERISA class actions.
Presented By
Mr. Murray concentrates his practice in the area of employee benefits, with a focus on ERISA litigation. He represents plan sponsors, trustees, and other fiduciaries in a wide range of employee benefits cases, including 401(k) class action litigation, claims for retirement, medical, disability and other benefits, ESOP and multiemployer pension plan disputes, and cases involving executive compensation. In addition to his litigation practice, Mr. Murray counsels clients on a variety of matters, including fiduciary responsibility, operational corrections, and regulatory compliance. He also represents plan fiduciaries in Department of Labor investigations. Mr. Murray has been recognized as a Southern California “Rising Star” by Super Lawyers Magazine since 2018. He has written articles and presented on a number of ERISA topics, including indemnity and contribution in ERISA litigation, recovery of attorney’s fees under ERISA, and arbitration of ERISA claims.
Ms. Wheatley is an experienced and versatile litigator who approaches cases strategically and is skilled in all stages of litigation, including trial. She handles complex litigation and government investigations with a particular focus on health care related litigation. Ms. Wheatley regularly represents health plan sponsors, TPAs and health insurers in various litigation, including suits brought under ERISA, the Mental Health Parity and Addiction Equity Act (MHPAEA), and the Affordable Care Act (ACA), as well as in investigations by federal and state regulators. In addition to her healthcare practice, Ms. Wheatley represents clients in employer stock, affiliated funds, imprudent investment and 401(k) litigation and related government investigations. She also works with non-profit certification boards and foundations on compliance issues.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Thursday, January 22, 2026
- schedule
1:00 p.m. ET/10:00 a.m. PT
I. Overview
II. Types of cases
A. Excessive fee cases
B. Forfeiture cases
C. Prohibited transactions after Cunningham
D. Ghost network cases
III. Arbitration and class waivers
IV. Legislative solutions
V. Practical guidance for plaintiffs
VI. Practical guidance for defendants
The panel will address these and other important issues:
- How do the forfeiture cases pending at the circuit level differ?
- Are mandatory arbitration and class waivers enforceable?
- How can a plan sponsor determine when a fund becomes "underperforming"?
- How should defendants address copycat cases?
