The plaintiffs’ bar is deploying a litigation strategy specific to asset managers who offer proprietary investments to their own employees, according to one law firm.
Large, and in most cases, household name money managers face a unique reputation risk when their 401(k) plans are sued for offering their own investments, says Brian Netter, co-chair of the ERISA litigation practice at Mayer Brown.
In nearly two-dozen lawsuits targeting money managers offering their own products to their own employees, plaintiffs allege the proprietary investments amount to self-dealing, and fail the Employee Retirement Income Security Act’s fiduciary duty of loyalty.
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