Michigan Federal Court Denies Yanfeng’s Motion to Dismiss 401(k) Class Action
The 401(k) retirement plan participants allege that the Plan’s fiduciaries selected and retained certain actively managed funds with excessively high fees that underperformed other available alternatives including lower-cost index funds. They also allege that the Plan’s fiduciaries failed to properly monitor potentially conflicted dual-registered advisors and their commissions. Plaintiffs’ allegations “taken as a whole are sufficient to make out a claim of breach of the duty of prudence.”