Fiduciary Liability

Companies are facing increased fiduciary liability, particularly with respect to class action claims brought on behalf of employee benefit plans against plan trustees.

Recent years have seen a dramatic uptick in ERISA class actions filed on behalf of employee benefit plans against plan trustees, most often challenging the prudence of plan investments and the fees associated with those investments. These high-severity cases are typically brought by counsel specializing in the area of ERISA class actions, which requires experienced coverage counsel to associate in the defense of the case with policyholder counsel. Our lawyers have years of experience in these cases and have been instrumental in reducing the ceiling on settlements in this industry.