Jackson Walker partner Jonathan Neerman shared his ERISA litigation experience with attendees at the SouthWest Benefits Association’s 28th Annual Benefits Compliance Conference last week in Dallas. The annual conference brings together plan sponsors, advisors, in-house counsel, and compliance officers discuss trending topics in  the employee benefits space.

At the event, Jonathan discussed his recent experience serving as lead counsel in 401k fee lawsuits. He also covered recent court decisions involving underperformance and excessive fees in retirement plan investments. Many of these new cases involve Section 403(b) retirement plans for tax-exempt organizations.

In reviewing the cases, Jonathan explained that courts are willing to dismiss certain kinds of ERISA fiduciary claims at very early stages where the allegations are not sufficient to state legally recognizable claims. Jonathan also cautioned audience members to remember that their casual emails may show up in evidence and provided practical tips to protect theory fiduciaries on litigation.