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Bloomberg Law: Recent Wins for 401(k) Investors Signal New Class Defense Tactic

March 01, 2019

While most retirement plan sponsors generally oppose class certification in ERISA litigation, there are times when defendants may actually consent to it, according to partner Meaghan VerGow.

In some instances, employers might desire class status if they believe they have a strong defense and want to dissuade future individual lawsuits involving similar allegations.

“If you think you’re well situated to prevail in the end, then your goal may be to embrace class treatment so that you can resolve these issues finally and for all time,” VerGow explained.

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