It’s one thing for a corporate giant to be hit with fiduciary litigation—but quite another when the defendant is a law firm built on legal discipline. The recent lawsuit against Husch Blackwell, filed by a former partner, alleges the firm withheld employee 401(k) contributions, failed to timely forward them, and used them to cover its own operating expenses. \
What jumps out to me is how this case exemplifies the “small & grab” risk—where an internal actor becomes plaintiff, and a single misstep can become a full-blown ERISA action. If part of your firm’s compensation structure or benefits plan involves withholding or directing funds, you better have your fiduciary house in order: clean trails, strict oversight, independent review, and no ambiguity about every penny’s direction.
Because in the retirement plan world, the people doing the suing sometimes know the law better than you do—and they’ll drag you through all your own documents.