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ARTICLE · 05 NOVEMBER 2025

The Evolution Of Defined Contribution Plan Class Action Litigation In 2025

Mayer Brown
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We are entering the home stretch of a memorable year. While benefits litigation may not be the first thing that comes to mind, it has been a very busy year for ERISA class actions...

United StatesEmployment and HR
Richard Nowak
Richard Nowak
Nancy G. Ross
Nancy G. Ross
Brantley Webb
Brantley Webb
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We are entering the home stretch of a memorable year. While benefits litigation may not be the first thing that comes to mind, it has been a very busy year for ERISA class actions, particularly for defined contribution plans (including 401(k) and 403(b) plans). 2025 has seen an increase in class action lawsuits targeting defined contribution plans—catalyzed by the ongoing wave of new forfeiture lawsuits. In this Legal Update, we provide an overview of the ERISA class action litigation developments and trends impacting defined contribution plans, starting with the recent forfeiture lawsuits.

Forfeiture Lawsuits

Since the first ERISA forfeiture lawsuits were filed in September 2023, ERISA plaintiff's firms have now filed almost 80 ERISA class actions alleging forfeiture claims. The number of new forfeitures cases has increased year over year, with five cases filed in 2023, 30 cases filed in 2024, and 43 cases filed so far in 2025 (for a pace of more than 50 new

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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