The underperformance of funds relative to others on the market has become a common theme in recent 401(k) lawsuits. Bonnie Treichel, Chief Solutions Officer at Endeavor Retirement tells InvestmentNews, “The court reminds us that ‘no authority requires a fiduciary to pick the best-performing fund.’ ERISA and the duty of prudence is about the process, not the outcome,” she said. “This is a reminder for plan sponsors that you can always be sued but a strong fiduciary process creates a strong defense to such cases that may involve conclusory allegations without specific facts.” To learn more, click here to read AllianceBernstein 401(k) Lawsuit Booted.