BERKELHAMMER et al v. ADP TOTALSOURCE GROUP, INC. et al

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Case overview

Case Number:

2:20-cv-05696

Court:

New Jersey

Nature of Suit:

Labor: E.R.I.S.A.

Multi Party Litigation:

Class Action

Judge:

Esther Salas

Firms

  1. May 13, 2024

    ADP Wants To Keep 401(k) Fee Suit From Going Before A Jury

    ADP said a class of 50,000 retirement plan participants shouldn't be allowed to bring their claims that the company mismanaged their $7.8 billion retirement plan before a jury, arguing that because they're not asking for money damages, they're not owed a trial in the case.

  2. April 10, 2024

    ADP Agrees To Massive Class In Suit Over 401(k) Fees

    ADP agreed to the certification of a class numbering more than 50,000 in a suit alleging the company failed to negotiate lower costs for its $7.8 billion employee retirement plan and funneled plan assets to a subsidiary, according to a filing in New Jersey federal court.

  3. August 24, 2022

    Judge Trims Worker Data Claims From ADP Benefits Suit

    A federal judge trimmed a proposed class action against American Data Processing, preserving claims that it should have leveraged its $4.4 billion benefits plan to garner lower fees, while axing plan participants' allegations that the company illegally allowed service providers to access private data.

  4. January 03, 2021

    ERISA Arbitration, New Legal Theories To Be Tested In 2021

    In 2021, courts stand poised to consider whether employers can kick benefit plan mismanagement suits to arbitration and whether two novel theories in class actions over retirement plans hold water. Here, Law360 highlights six ERISA cases to watch in the new year.

  5. August 26, 2020

    ADP 401(k) Plan Participants Defend Suit Over Personal Info

    A proposed class of retirement savers accusing human resources company ADP of letting third-party service providers access their "highly confidential data" have urged a New Jersey federal judge not to toss their case, arguing that ADP had a duty to protect the information.

  6. August 03, 2020

    ADP Says Workers' Data Not A Retirement Plan Asset

    Human resources company ADP is urging a New Jersey federal judge to toss a proposed class action claiming it wrongly allowed third-party service providers to use its retirement plan participants' "highly confidential data" for marketing, arguing the information isn't a plan asset under ERISA. 

  7. May 22, 2020

    New ERISA Suits Could Clarify Plans' Cybersecurity Duties

    A handful of recent lawsuits challenging retirement plan managers' lax cybersecurity policies and use of workers' data for marketing purposes could shed light on an area of the Employee Retirement Income Security Act that has long been shrouded in mystery: employers' cybersecurity and data privacy obligations.