An April 10 Law360 article titled “ERISA Stock-Drop Suits Take A Back Seat As Market Roars” suggests that as stock markets remain generally bullish, the number of ERISA stock-drop cases will likely decrease, while making suits over allegedly excessive fees paid by retirement plans more attractive. Tax & benefits partner Josh Lichtenstein is quoted extensively in the article. Mr. Lichtenstein outlined that “potential damages in some fee-based suits can be larger than those in stock-drop suits, especially when a plan's fees are based on the value of the plan's assets. That's because the larger the assets, the bigger the fees, and as stock markets have surged higher in recent years, retirement plan assets have grown accordingly.
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