Will The Aftermath of COVID-19 Bring More 401(k) Lawsuits?

401(k) Fridays Podcast

With the COVID related volatility in the financial markets and the impact on employees and businesses, one question lingering in the back of employers minds has been, am I more likely to be the target of a 401(k) lawsuit now? To answer this and some other topical questions that have come up, I am excited to welcome back Carl Engstrom, a 401(k) plaintiff’s attorney with Nichols Kaster. Carl and his firm have numerous lawsuits against retirement plan sponsors and to date have garnered over $150 million of dollars in settlements on behalf of 401(k) plan participants. In addition to some answers on the first question, we hit on why employers are getting sued, where 401(k) litigation is likely headed and some thoughts on other timely developments. With that said, since we recorded the episode and our release date, there have been a few announcements on private equity and ESG investment strategies we did not discuss. As those situations evolve, we will surely revisit them in the future.

Guest Bio

Prior to joining Nichols Kaster, Carl worked as a judicial law clerk for Judge Natalie E. Hudson of the Minnesota Court of Appeals and for Judge Philip C. Carruthers and Judge Tamara G. Garcia of the Fourth Judicial District of the State of Minnesota.

During law school, Carl was a staff member and articles submission editor of the Minnesota Law Review, where his note on the Fair Labor Standards Act was published in April 2012. Carl was on the Dean’s List all three years at law school and received four Faculty Book Awards given to the top-performing student in a course. Carl also worked as a research assistant to Professor Daniel Schwarcz. Carl began his legal career in 2010 as a Law Clerk with Nichols Kaster.

Carl’s passion for helping people save for retirement began before law school, when Carl spent six years working as a Certified Financial Planner, with a particular focus on helping clients plan and save for retirement.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!