Jeff Bakker, partner and chair of our Employee Benefits & Executive Compensation practice group, was recently featured in a Law360 article discussing key ERISA cases to watch in 2026. The piece highlights three pending matters that could shape the landscape for retirement plan litigation.
Jeff shared insights on a petition involving The Home Depot Inc.’s 401(k) plan, where employees are seeking to overturn an Eleventh Circuit decision that dismissed their case in 2024. This petition is noteworthy because, unlike other circuits that have upheld burden-shifting, the Eleventh Circuit rejected the concept, citing no ERISA provisions requiring such a shift.
