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O
ver the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are used. This wave of lawsuits began approximately a year ago when an employees’ law firm filed putative class action lawsuits raising this novel claim in California federal courts against multiple large employers, including Intuit, Clorox, and Thermo Fisher Scientific. Since then, this claim has been included in numerous 401(k) plan lawsuits even though none of these lawsuits has reached a final judgment on the merits, and only four have had decisions on motions to dismi
