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American Benefits Council 2025 Retirement Plan Litigation Chart Prepared by Davis & Harman Provides Overview of Notable Developments and Council Advocacy in ERISA Cases

On October 3, 2025, Davis & Harman Partners, Kent Mason and Adam McMahon, and Associate, Grace Sullivan, prepared an updated chart detailing notable developments and American Benefits Council advocacy in retirement plan litigation in 2025. 

The chart includes notable case developments in the following categories:

  • Excessive Fee and Underperformance;
  • Plan Forfeitures;
  • Pension Risk Transfer Transactions;
  • Actuarial Assumptions;
  • Statute of Limitations;
  • Prohibited Transactions;
  • Long-term Incentive Compensation; and
  • Claims Administration.

For each respective category of lawsuit, the chart details trends and common outcomes for each type of claim and highlights notable cases in the appellate and district courts and the Supreme Court. The chart additionally describes amicus briefs filed by the Council in defense of plan sponsors and service providers.

A link to the chart can be found here.

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