Yesterday, the Supreme Court issued its unanimous decision in Hughes v. Northwestern University, No. 19-1401, just one of more than 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants alleging that plan fiduciaries breached their duties under ERISA relating to recordkeeping and

Phillip C. Thompson
Phillip C. Thompson is an associate in the Overland Park, Kansas, office of Jackson Lewis P.C. His practice is focused on the defense of complex ERISA actions and other employment litigation in state and federal courts, as well as representing his clients before administrative agencies.
Phillip represents ERISA plan fiduciaries at both public and private companies, multi-employer plans and plan fiduciaries, and financial institutions providing services to ERISA plans. He also represents employers in all matters concerning the employment relationship, including executive compensation and benefits, civil rights, reductions in force, and wage and hour issues. He has substantial experience in preparing and litigating arbitration agreements and non-compete agreements. Along with defense of claims brought by individuals, Phillip has been involved in the defense of numerous collective and class action claims, as well as the prosecution of restrictive covenants.
Phillip also routinely counsels clients on a variety of employment topics including employment contracts, employee handbooks and policies, and preventative practices.
Supreme Court Struggles to Apply “Twiqbal” in Retirement Plan Fee Cases
Today, the Supreme Court heard oral arguments in Hughes v. Northwestern University, No. 19-1401, just one of about 150 similar class action suits filed around the country in the last few years. The case was brought by retirement plan participants alleging that plan fiduciaries breached their duties under ERISA relating to recordkeeping and investment fees…
Ohio District Court Dismisses ERISA 401(k) Performance and Fee Putative Class Action
The District Court for the Southern District of Ohio recently dismissed an ERISA putative class action lawsuit asserting fiduciary duty claims based on allegations of unreasonably high administrative fees and relatively higher-cost, underperforming funds offered in TriHealth, Inc.’s 401(k) plan (the “Plan”).
Plaintiffs were TriHealth 401(k) Plan participants and beneficiaries. On behalf of a putative…