American Benefits Council Survey Analysis Prepared by Davis & Harman Finds Litigation Risks Have Suppressed Plan Sponsors’ Innovation
- Published Date: October 7, 2025
On October 7, 2025, Planadviser.com published an article titled, “Fear of Litigation Impacts DC Plan Services, Investments” detailing a survey conducted by the American Benefits Council regarding litigation risk exposure faced by plan sponsors.
The article notes that “one-quarter of respondents indicated they decided against providing more benefits to plan participants out of concern of facing litigation” and “[m]ore than 43% chose not to offer lifetime income options, citing the same concerns.”
The article states that the recently confirmed head of the Department of Labor’s Employee Benefits Security Administration, Daniel Aronowitz, delivered testimony at his confirmation hearing that he plans to streamline retirement plan oversight by reducing litigation.
The American Benefits Council Survey was prepared with the assistance of attorneys at Davis & Harman LLP, including Courtney Zinter and Kent Mason.
A link to the full article can be found here.