Jerry Schlichter: Retirement Plan Litigation Outcomes & Observations
Release Date: 02/11/2022
Fiduciary Duty Meets Stewardship: Aligning Compliance with Care
401(k) Roundtable
In this episode of 401(k) Roundtable, Rick Unser is joined by Todd Solomon, ERISA Attorney and partner at McDermott Will, & Emery Law Firm, for a timely conversation on the evolving fiduciary landscape. They explore trends in ERISA litigation, the impact of the current administration on the Department of Labor, and the shifting expectations around fiduciary duties. Key topics include the balance between duty of loyalty and prudence, the role of participant demographics in plan decisions, and the challenges plan sponsors face in weighing cost versus value—especially when selecting...
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Modern Plan Design: Navigating 2025’s Testing Challenges
401(k) Roundtable
In this episode of 401(k) Roundtable, host Rick Unser and Alison Cohen, ERISA Attorney and Partner at Ferenczy Benefits Law Center, explore nondiscrimination testing in retirement plans, focusing on long-term part-time employees and new Roth contribution guidelines. They discuss the mega backdoor Roth risks, capping highly compensated employee deferrals, student loan matching, and compliance challenges for controlled groups during mergers. The conversation also covers automatic enrollment rules and audit implications based on new rules. For more insights, visit Ferenczy Benefits Law Center’s...
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What’s Driving the Market in 2025? Key Insights on Equities, Interest Rates, and What’s Next
401(k) Roundtable
In this episode of the 401(k) Roundtable™, we’re joined by Rich Weiss, Chief Investment Officer of Multi-Asset Strategies for American Century Investments and Bob Chapman, Chief People Officer of Trilon Group. They dive into the current state of the investment landscape and focus on the performance of U.S. equities, particularly the S&P 500, and the growing concerns over market concentration. The discussion touches on how generational perspectives influence investment decisions, the impact of interest rates on the economy, and the shifting dynamics of the labor market in a...
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The Evolution of Financial Wellness: Why It Matters in the Workplace
401(k) Roundtable
In this episode of 401(k) Roundtable™, we delve into the evolving concept of financial wellness, its growing importance in the workplace, and how organizations can integrate it effectively. We explore the role of corporate culture in promoting financial wellness and the necessity of making financial wellness a priority within companies. Our guests include Sean Jordan, Vice President of Small and Mid-Market Segments at Principal, and Barbara Coombe, Director of Financial Wellness Benefits at Shaw Industries. Sean brings a unique perspective, drawing from his extensive background in...
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Election 2024 Aftermath: Retirement Policies and Market Reactions
401(k) Roundtable
This episode of 401(k) Roundtable™ explores the implications of recent election results on retirement policies and market reactions. Joining us for this month's roundtable discussion are two leaders from Creative Planning: Sam Henson, Director of Compliance Services, and Jamie Battmer, Chief Investment Office. We discuss the nonpartisan nature of retirement systems, the emotional responses of markets, and the potential changes in 401k policies with a new administration. They also delve into the role of the Department of Labor, the concept of government efficiency, and the challenges facing...
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Business Insights: Navigating the Economic Terrain
401(k) Roundtable
Host Rick Unser and Jeff Schulze, CFA, Head of Economic & Market Strategy at ClearBridge Investments, delve into the current economic landscape as we approach the end of 2024. They discuss the possibility of a soft landing for the economy, examining the implications of inflation trends, the Federal Reserve's recent decisions, and the overall market sentiment. With the elections on the horizon, the duo analyzes how political dynamics can influence business and investment strategies. They emphasize the importance of diversification, explore labor market trends, and assess the outlook for...
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Transforming Employee Retirement Outcomes with Smart 401(k) Design Choices
401(k) Roundtable
In the debut episode of 401k Roundtable, we dive into Vanguard's latest "How America Saves" report, which sheds light on the latest trends in 401(k) plan design. We’ll discuss the report’s findings on plan effectiveness, rising participation rates, and the growing popularity of professionally managed allocations. Our guests share their insights on automatic enrollment and how it's transforming participation rates in their organizations. We’ll also explore innovative features like Super Roth accounts, self-directed brokerage options, and true-up contributions. Our conversation covers a...
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Are We Approaching The Tipping Point For Private Equity & 401(k) Plans?
401(k) Roundtable
It’s been a minute since we focussed on PE and retirement plans. To dive into this I have Dan Cahill of the private equity firm Partners Group, one of two firms that took the initiative to seek guidance from the DOL on the utilization of PE in 401(k) plans. We dive right into, what the significance of the information letter in 2020 was, what has transpired since then, the investment case for and against PE and how plaintiff’s attorneys are viewing things. A lot of great stuff, I learned a lot, hope you do as well. Guest BIo Daniel Cahill is part of the Client Solutions Americas...
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Should the Financial Markets Guide Your Business (or 401(k)) Decisions?
401(k) Roundtable
It seems like the major themes that are dominating the investment markets are also of great interest to individuals trying to make decisions personally or in their businesses. That isn’t always the case. I couldn’t think of a better person to wade through this with me than a perennial podcast favorite Rob Arnott, Founder and Chairman of Research Affiliates. As usual, Rob packages his enthusiasm, excellent communication, and insights in a way that should help you think through current trends and how they could impact you, your business and even a few items on your 401(k). Hope you enjoy!...
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Bonds Behaving Badly, What Happened & What's Next?
401(k) Roundtable
Bonds, or fixed income investments did not have a great year in 2022 to say the least. The big question is now what? To delve into that, I am excited to have Michael J. Collins, CFA, and Managing Director and Senior Portfolio Manager for Core, Core Plus, Absolute Return, and other Multi-Sector Fixed Income strategies at PGIM. We start with commentaries on performance, then move to interest rates, different areas of the bond market and most importantly, what, if anything plan sponsors should be doing in their 401(k) or workplace retirement plans. Also, Michael mentions the graph below, you'll...
info_outlineToday, I am excited to share the latest installment of what has become almost an annual conversation with Jerry Schlichter, Managing Partner of Schlichter Bogard & Denton. If you are in the world of 401(k) plans, you need no introduction to the plaintiff attorney who has secured over $600 million in settlements, is now 2-0 in the Supreme Court and has changed the workplace retirement landscape. Our conversation this year should not disappoint. Be sure to stick around for the end to get Jerry’s input on the roles of the DOL and plaintiff’s bar.
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That’s it, I hope you enjoy my conversation with Jerry!
Guest Bio
Jerry Schlichter is founding and managing partner of Schlichter Bogard & Denton. His expertise and national leadership in complex litigation, including in financial and railroad cases, has been recognized by numerous publications, courts, and commentators throughout the country. Jerry has been designated legal counsel for the Brotherhood of Locomotive Engineers for many years and is currently designated legal counsel for the United Transportation Union and the International Brotherhood of Electrical Workers. He has represented railroad workers in trials in many states and has had record-setting jury verdicts in numerous jurisdictions. Throughout his career, he has also handled major precedent-setting class action and mass tort cases on behalf of individuals.
Jerry has been featured in numerous national publications, including The New York Times, Reuters, Bloomberg, USA Today, and the The Wall Street Journal, for his and the firm’s success in pioneering claims of excessive fees in defined contribution plans, obtaining precedent-setting results involving claims of excessive fees against large employers, and for the reduction in fees his cases have caused throughout the retirement industry. He’s been called “The Lone Ranger of the 401(k)” by The New York Times, “public enemy no. 1 for 401(k) profiteers” by Investment News, and “the industry’s most feared attorney” by Chief Investment Officer.
401(k) Fridays Podcast Overview
Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!