Cunningham is likely to usher in a new wave of ERISA litigation. Law firms now have a roadmap to file viable lawsuits with minimal pleading requirements. Participants may be more willing to challenge fee structures, fund options, or vendor relationships—especially when retirement balances don’t grow as expected. We may also see:– More settlements to avoid…
Once a lawsuit passes the motion to dismiss, it enters discovery—a costly and time-consuming process. Here’s what plan sponsors may have to produce:– Service agreements with third-party administrators and investment firms– Fee schedules, payment records, and invoices– Benchmarking data comparing vendor fees to industry standards– Internal emails, meeting notes, and board minutes discussing vendor selection–…
One of the most important features of ERISA is who it protects—and after Cunningham, the pool of potential plaintiffs is wide. Current employees are obvious candidates. But ERISA also gives legal standing to former employees, retirees, and anyone else who is or was a participant in the plan with a vested interest. You don’t need…
What Is the Cunningham v. Cornell Case and Why It Matters? In April 2025, the U.S. Supreme Court issued a landmark decision in the case of Cunningham v. Cornell University. The Court’s opinion has sent ripples through the retirement plan industry, fundamentally changing how courts interpret fiduciary responsibility under the Employee Retirement Income Security Act…