LEGAL COUNSEL

The litigation that redefined 401(K) has a new target: Your Corporate Health Plan.

Legal precedent is still being established by the courts. Act now to instill fiduciary excellence in your health plan framework.

01

Class action is shifting rapidly from retirement to health.

After averaging less than 2% of total ERISA related class action suits⁵, suits against health & welfare plans now represent close to 1/3 of class action ERISA suits⁶.

1/3

of suits

ERISA CLASS ACTION⁵

Now

1,500%

ERISA CLASS ACTION⁶

since 2020

02

Plaintiffs' law firms are just getting started; more class action suits are coming.

2021

2024 — NOV 2025

NOW

In their sights are PBM spread pricing, supplemental benefits, excessive fees, and employer wellness tobacco surcharges.

Peters v. Aetna (4th Cir., 2021) held that bundling undisclosed fees into claims processing can breach fiduciary duty.

Lewandowski v. Johnson & Johnson (2024) first applied 401(k)-style prudence theory to PBM oversight, then was dismissed on standing in November 2025. ¹ᵃ–¹ᵈ ²

THE STANDARD

"Prudent oversight"

03

More risks sit in your plan; plaintiff firms will likely target your other exposures soon.

Are you sure you are bifurcating settlor and fiduciary functions appropriately?

TRANSPARENCY AS AN ADVANTAGE

Fiduciary Frameworks gives counsel a structured, evidence-based view of how a plan's fiduciary process and vendors hold up again the standards being litigated.