401(k) plans with underperforming investments and high fees may be facing a higher risk of class-action litigation nowadays, thanks to a couple of court cases.  

So warns Carol Buckmann, pensions and benefits counselor in the New York law offices of Osler, Hoskin & Harcourt.

"People were wondering what would happen to these lawsuits after the Wal-Mart decision," said Buckmann. "This is a significant step."

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