Seyfarth Files Amicus Brief with Ninth Circuit Urging It to Rehear Its Decision in Bugielski v. AT&T Services, Inc.

On September 11, 2023, Seyfarth’s Ada Dolph and Thomas Horan filed an amicus brief with the Ninth Circuit in Bugielski v. AT&T Services, Inc. and AT&T Benefit Plan Investment Committee. The brief was filed on behalf of The ERISA Industry Committee (ERIC), the American Benefits Council, the Society of Professional Asset Managers and Recordkeepers (SPARK Institute), and the Committee on Investment of Employee Benefit Assets Inc. (CIEBA).

The brief was filed in support of AT&T’s petition for rehearing, in a case involving class action claims challenging the fees paid to the recordkeeper of AT&T’s 401(k) plan. The amicus brief supports the petition for rehearing because the panel’s current decision “will lead to a flood of speculative litigation, and undo the significant progress the Supreme Court and Courts of Appeals have made in providing clarity on the pleading standard for excessive fee claims.”

The complete amicus brief can be accessed here.