What Plan Sponsors Can Learn from Fiduciary Litigation Headlines

The Headlines Are Trying to Tell You Something

Recent cases show the same pattern:

  • Missing benchmarking

  • No competitive review

  • Vague or absent documentation

  • Renewal decisions based on relationships

The issue isn’t bad intent — it’s bad process.

Most Lawsuits Aren’t About Poor Performance

Courts don’t ask:
“Did your vendor do a decent job?”

They ask:

  • Can you prove your decision-making was impartial?

  • Can you show your fees were reasonable?

  • Can you document your rationale?

Plan sponsors lose cases because they can’t answer these.

Learn from Others’ Mistakes — Don’t Repeat Them

Being proactive before litigation is far less expensive than after litigation.
By then, the damage is:

  • Financial

  • Operational

  • Reputational

A neutral evaluation prevents the patterns we’re now seeing daily.

Protect Your Plan Before Someone Else Tests It

A proactive evaluation:

  • Strengthens compliance

  • Document decisions

  • Reduces legal exposure

  • Builds confidence with boards and participants

📩 Let’s make sure your plan stays out of the headlines.Reach out here.

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When Silence = Risk: How Fiduciary Gaps Hide in Plain Sight