BENEFIT BROKERS

Your clients’ next lawsuit
could name you as a
defendant.

Brokers are now named co-defendants in ERISA fiduciary breach
suits. A transparent, documented process is the path to retain and grow your book of business.

01

Major brokerage
names are already
named parties.

The December 2025 Schlichter Bogard filings named Gallagher, Lockton, Mercer, and Willis Towers Watson, alleging excessive and undisclosed commissions¹ᵃ–¹ᵈ.

Mercer

Lockton

Gallagher

Willis Towers Watson (WTW)

30%-40%

ALLEGED COMMISSIONS

vs 10% TYPICAL RATES ¹ᵃ–¹ᵈ

95%

APPROXIMATE PLAINTIFF
CLASS-CERTIFICATION RATE ⁷

02

The odds favor plaintiffs.

These suits were filed under the existing fiduciary standard, and
plaintiffs win class certification approximately 95% of the time⁷.

03

The exposure is moving
down-market fast.

AI-driven mining of Form 5500 data is compressing the time to identify
outlier commission structures, pulling mid-market into scope⁸.

5500

DATA

FORM

MID-MARKET
PULLED INTO SCOPE

04

Mitigate E and O risk

Gain governance and oversight of your book of business while ensuing compliance

TRANSPARENCY AS AN ADVANTAGE

Clients are starting to ask about fiduciary risk. Brokers who can show a transparent documented process win. Fiduciary Frameworks makes that documentation a competitive advantage.