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Kent Mason Featured in Plansponsor.com Articles on Guaranteed Income Solutions and the Confirmation Hearing of DOL’s EBSA Nominee Regarding Retirement Plan Litigation Risk

Davis & Harman Partner, Kent Mason, was featured in two Plansponsor.com articles titled, “Products Could Aid Decumulation Dilemma, but Plan Sponsors Remain Hesitant,” and “EBSA Nominee Aronowitz Vows to Streamline Retirement Plan Oversight, End ‘War on ESOPs.’”

On June 2, 2025, Plansponsor.com published an article discussing a recent study by Nuveen and the TIAA Institute that highlights plan participants’ interest in guaranteed income solutions to help ensure retirement security.  The article notes that plan sponsors are slow to adopt product solutions offering guaranteed income for a variety of reasons.

In the article, Mason commented that plan sponsors remain hesitant to offer guaranteed income products, in part because of the threat of litigation, which has increasingly become a concern in recent months. The comment relates back to Mason’s work to advance plan litigation reform.   

Mason is quoted saying:

“There is really no question what the [number] 1 issue is in our space, and that is the explosion of retirement plan litigation.”  He further notes that in the wake of the Supreme Court’s decision in Cunningham v. Cornell University, plan sponsors’ willingness to offer products will be diminished for fear of impending lawsuits. Mason says that, “[i]f you have a choice between adding a great new service that includes a fee versus not [adding one], you’re generally not adding that service.”

A link to the full article can be found here.

Additionally, on June 5, 2025, Plansponsor.com published an article discussing the Department of Labor’s Employee Benefits Security Administration Assistant Secretary nominee’s confirmation hearing with the Senate Committee on Health, Education, Labor, and Pensions.  In the article, Mason was again quoted saying that the number one issue impacting retirement plans is the explosion of plan litigation.

A link to the full article can be found here.

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