Episode Details

The mere thought of a 401(k) lawsuit can send shivers down the spine of even the most experienced retirement plan fiduciary. However, when you have a grasp on why workplace retirement plans are being sued, how the economics of a lawsuit work and what you can do to make the job of a plaintiff's attorney harder, the risk can be a little easier to manage. For answers to these and more questions, I thought it was time to invite Jerry Schlichter, the plaintiff's attorney who has sued numerous 401(k) and 403(b) plans around the country and even successfully argued a 401(k) case before the US Supreme Court back to the podcast to share his thoughts.

I was also able to work in several questions from our listeners into the episode. If you missed your opportunity to submit a question be sure are one of our email subscribers, we often send announcements out about future guests and give you the opportunity to share your questions in advance. Go to 401kfridays.com/subscribe today to take care of that. If after listening to this episode you feel like you need a little fiduciary refresher, check out last week's episode with Jason Roberts. Some good points there to help you sleep better and keep the boogeyman away.

Guest Bio

Jerry is founding and managing partner of the firm. He has been repeatedly elected by his peers for inclusion in "Best Lawyers in America" and "Lawyer of the Year" and is listed in the 2019 edition.

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. He obtained a verdict of $27 million for the widow and children of a St. Louis firefighter for a defective breathing apparatus which caused the firefighter's death. This verdict, which was increased to $40.4 million with pre and post judgment interest, was the highest jury verdict in Missouri in 2007 and one of the highest in the United States. The entire amount was collected after appeal. He has also obtained multiple precedent-setting judgments against railroads, including successfully requiring a railroad and the Federal Railroad Administration to modify rules on certification of railroad engineers; successfully obtaining a permanent injunction against the Union Pacific Railroad on behalf of all of its employees, which stopped the railroad's practice of interfering with employees' ability to pursue injury claims; and obtaining the first and only jury verdict in the United States in which a jury determined that a locomotive was not crashworthy, resulting in a jury verdict of $4.75 million, which was the highest verdict against that railroad by an injured employee in its history.

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 Wall Street Journal, for his and the firm's success in pioneering claims of excessive fees in 401(K) plans and obtaining precedent-setting results involving claims of excessive fees against large employers, and for the reduction in fees his cases have caused throughout the 401(k) industry.

He and the firm have obtained settlements in these 401(k) excessive fee cases of more than $300 million for employees and retirees, in addition to significant improvements in their 401(k) plans; in total, this relief has been valued at more than $1.5 billion. He also was lead attorney for the firm in the first and only full trial of an excessive fee case in the country, resulting in a verdict of $36 million. In recent rankings of the most influential people in