Fee disclosure regulations and a whole bunch of excess fee settlements in litigation have curbed excessive fees. So ERISA litigators, especially on the low end, are trying to. find angles for litigation.
The Blackrock Target Date Fund cases were abysmal and plenty of litigators lost their shirts in fronting these losing cases. Now, we have cases regarding forfeitures and using them to reduce employer contributions. Unless these plans violate the written provisions of their plan documents, I think they have nothing. Time will tell and time will what other cases they will conjure up.