Robinson Cole LLP
High Contrast Mode
June 17, 2026 - In the News

Wystan Ackerman Quoted on ERISA Litigation Landscape

Bloomberg Law
Share this page:

nsurance Appeals partner Wystan Ackerman was quoted in a Bloomberg Law article titled, “Genworth 401(k) Class Defeat Disrupts ERISA Litigation Landscape,” published on June 11, 2026. The article covers the US Court of Appeals for the Fourth Circuit reaffirming its previous decision to block Genworth Financial employees from banding together as a certified class to challenge the BlackRock Inc. target-date funds in their 401(k) retirement plans. The court found that investment-loss claims in defined contribution plans were inherently individualized, preventing participants from proceeding as a group.

“Cases that depend on individual workers’ investment choices could be vulnerable to the Genworth opinion’s reasoning,” said Wystan, highlighting the decision’s plausible impact on class certification lawsuits moving forward . “If the allegations are focused on something like a fee that’s charged to all participants in essentially the same amount, that would be more susceptible to class certification than something that depends on people’s choices.” Wystan said.

Read the article, here.