ERISA fiduciary litigation continues to rise sharply, placing increased scrutiny on decision-making, fee transparency and governance processes. Nearly 70 ERISA class action lawsuits were filed in Q1 2026 alone, highlighting the growing fiduciary risk exposure for plan sponsors. While historically reserved for retirement plans, this increased litigation has also focused on health and welfare plans.
Organizations are being challenged to demonstrate:
- Strong, well-documented fiduciary processes
- Clear fiduciary governance structures and committee accountability
- Prudent fiduciary oversight of investments, vendors and fees
A recent WTW governance survey found that four out of five employers plan to reevaluate their plan governance structure and/or policies within the next two years, over 50% of employers plan to conduct fiduciary training, and over 30% plan to reevaluate their existing fiduciary insurance policies. Without a disciplined fiduciary governance framework, even sound decisions can become difficult to defend.
Resources to help
WTW offers several resources to help employers evaluate their current fiduciary governance status:
- A free questionnaire to assess your fiduciary readiness
- Benchmark your fiduciary governance strategy against leading organizations
- Articles aimed at helping you understand your obligations
- Consulting solutions to help you be in compliance, including appropriate processes and documentation
Built for plan sponsors and fiduciaries
This resource hub is designed for:
- Benefits and HR leaders
- Retirement and health plan sponsors
- Fiduciary committee members
- Finance, legal and compliance professionals
Why WTW
WTW combines deep ERISA and fiduciary expertise, data-driven insights and practical tools to help organizations navigate complex governance challenges. Our integrated approach enables plan sponsors to:
- Strengthen fiduciary governance frameworks
- Enhance fiduciary decision-making
- Mitigate fiduciary litigation and compliance risks
Take a fiduciary governance check-up
WTW helps employers ensure proper governance for ERISA health and benefit plans.
Contact us
Benefits Governance Survey
United States
