If there’s one takeaway from recent ERISA litigation trends, it’s this: fiduciary governance wants us to show our work.  

A recent Law360 roundup of 2025 ERISA cases (specifically in the second half of the year) highlights how courts are thinking about fiduciary responsibility today. And while the details vary, the underlying message for employers and benefits fiduciaries asks plans to pay attention to their process, document it, and prepare to present it when asked.

Here’s what benefits leaders should be paying attention to this year and why it matters for both compliance and better benefits outcomes for employees.

Courts are looking closely at process

One of the most important developments reinforced the fiduciary principle that a bad outcome may not be due to poor decisions.

In cases involving investment performance and plan design, courts emphasized that fiduciaries are judged on how decisions were made, not whether every decision produced the best possible result. That means they are asking:

• Was there a thoughtful review process?
• Were alternatives evaluated?
• Was the decision documented at the time and not reconstructed later?

For fiduciaries, this is good news. It confirms that strong governance frameworks provide real protection when markets, vendors, or expectations change.

Also, participant lawsuits may get heard faster

Another trend to watch is more flexibility for participants to take cases to court. The requirement to prove they exhausted internal claims and appeals processes becomes less important. The thought being that maybe those internal processes weren’t perfect.

These changes put new emphasis on having clear, well-communicated claims and appeals procedures and actually following them. When internal processes are inconsistent or not well-documented, fiduciaries may lose that layer of defense.

It becomes about how you execute.

The uncertainty will make governance much more valuable

The developments from last year also reflect shifting positions on who qualifies as a fiduciary under ERISA. While definitions and enforcement priorities may evolve, fiduciary duties themselves do not.

A well-structured and clear governance process allows employers (and any advisors) to adapt to the regulatory changes without scrambling for answers. If decisions are already being made thoughtfully and transparently, with the best interest of participants in mind, then that reflects well on the plan sponsor.  

We say it constantly to our clients: Document everything. Be consistent in how things are executed. Be transparent with what you offer (and don’t offer). That will build trust in the benefit programs. It’s that easy.

Read more about the changes carrying into 2026.