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01
Litigation is accelerating,
and it’s personal.
Schlichter Bogard filed coordinated ERISA breach-of-fiduciary-duty suits against four large employers in December 2025¹ᵃ-¹ᵈ ². Nearly 70 new ERISA class actions were filed in Q1 2026 alone⁶, with plaintiffs winning class certification approximately 95% of the time⁷. Under ERISA §409, a breaching fiduciary is personally liable, and §410 bars the plan from indemnifying them¹³.
per employee in 2026
$18,500+
STEEPEST INCREASE IN 15 YEARS
03
Cost pressure forces informed decisions now.
2026 saw the steepest increase in 15 years⁴ bringing healthcare costs to $18,500+ per employee. Every renewal-cycle vendor decision is paramount to a fiduciary process.
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