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401(k) plans remained the most frequent target: lawsuits remain targeted at large plans, with an increasing number filed against plans with $250-750m in assets as in prior years, lawsuits alleged excessive recordkeeping and/or investment fees many lawsuits specifically cited plan fees should have been reduced by the application of forfeitures to offset administrative expenses lawsuits that alleged imprudent investments shifted focus from the suite of target date funds (typically the QDIA in the plan) to stable value funds Health plans were targeted with increased frequency: most frequent lawsuits alleged unfair premium surcharges on tobacco users without a reasonable alternative standard to earn or recoup the full reward voluntary benefit plans were targeted, raising concerns about the DOLs safe harbor exempting voluntary benefit programs from ERISA standards By expanding their allegations against ERISA plans, plaintiff firms unlocked the ability to sue individual plan sponsors, and sometimes individual plans, multiple times

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