Court Rules That Schlichter Bogard & Denton’s Excessive Fee Suit Against Insperity May Proceed

On March 7, U.S. District Judge Mark H. Cohen of the U.S. District Court of the Northern District of Georgia ruled that plaintiffs represented by Schlichter Bogard & Denton have stated plausible fiduciary breach and prohibited transaction claims against Insperity, a professional employer organization that offers 401(k) plans to businesses. In his ruling, Judge Cohen rejected Insperity’s argument that Schlichter Bogard & Denton’s complaint, which alleges various fiduciary breaches and self-dealing by Insperity, should be dismissed, and in substantial part denied Insperity’s motion. A PlanAdviser article describing the ruling can be found here.

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