Benefits and executive compensation partner Rick Pearl spoke with Law360 about significant Employee Retirement Income Security Act (ERISA) cases that attorneys should have on their radar in the second half of 2026.
In the article, Law360 highlights a Ninth Circuit appeal involving allegations of misspent 401(k) forfeitures under ERISA, which was dismissed by a California federal court in 2025 for failure to state a claim. During the arguments, the Ninth Circuit panel appeared reluctant to revive the case, resulting in similar proposed class actions in the circuit being placed on hold.
Pearl noted that he is keeping an eye on developments in 401(k) forfeiture litigation, including cases on appeal. "I ultimately think these cases should be disposed of primarily on the pleadings," Pearl asserted.
