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ARTICLE · 15 JANUARY 2026

Key Issues To Watch In ERISA Defined Contribution Plan Class Action Litigation In 2026

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2025 was a very busy year for the benefits industry and for ERISA class action litigation involving defined contribution plans.

United StatesLitigation, Mediation & Arbitration
Richard Nowak
Richard Nowak
Brantley Webb
Brantley Webb
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2025 was a very busy year for the benefits industry and for ERISA class action litigation involving defined contribution plans. As we celebrate the New Year and look forward to 2026, below are some key issues to watch that may have a significant impact on ERISA class action litigation involving defined contribution plans in the coming year and beyond.

Forfeiture Lawsuits

For the past two years, dozens of plan sponsors have been targeted in an ongoing wave of forfeiture lawsuits challenging the longstanding practice across defined contribution plans of allocating forfeitures to company contributions. While new forfeiture lawsuits were filed at a rapid pace for most of 2025, there was a slowdown at the end of the year, with only five new forfeiture lawsuits filed in the fourth quarter, and none after mid-November. However, even with the end-of-the-year slowdown, 43 forfeiture cases were filed in 2025, which was a more than 40 percent increase over 2024 (when 30

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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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