By Daniel Aronowitz Many of the initial excessive fee lawsuits raised issues in which plan fiduciaries arguably could have negotiated lower recordkeeping or investment fees. We have argued that many of these cases used misleading and prejudicial benchmarks, and should not result in fiduciary liability. But if the recent case of Sigetich v. The Kroger Co., Case 1:21-cv-00697-SJD filed in …
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