The judge ruled in favor of the defense in this ERISA matter involving excessive fees, fund performance, process-related issues, and recordkeeping fees.
Retained by O’Melveny & Myers
Plaintiffs alleged that TriNet, a provider of large multiple-employer 401k plans (MEPs), charged excessive recordkeeping fees for plan participants and offered imprudent investment options. Defense counsel retained Cornerstone Research to support Jennifer Conrad of the University of North Carolina at Chapel Hill, Steven Case, and Pete Swisher of WayPoint Fiduciary.
The judge granted the defense’s motion for summary judgment and a Daubert motion against the plaintiffs’ expert.
In April 2023, a Middle District of Florida judge granted TriNet’s motion for summary judgment and the Daubert motion against plaintiffs’ expert. The judge concluded that “Plaintiffs have not put forth any evidence demonstrating that Defendants breached their fiduciary duties.” The judge’s ruling closely followed the opinions put forth by our experts.