Federal Judge Allows 401(k) Plan Participant To Add Breach Of Fiduciary Claim

Mealey's (May 14, 2019, 10:29 AM EDT) -- NEW YORK — A New York federal judge on May 9 granted a 401(k) plan participant’s motion to amend a complaint to add a breach of fiduciary claim after determining that the participant sufficiently alleged facts in support of the allegation that the plan defendants retained a plan fund despite the fund’s higher fees and lower performance (Arthur Bekker, et al. v. Neuberger Berman Group LLC, et al., No. 16-6123, S.D. N.Y., 2019 U.S. Dist. LEXIS 79149)....