Deloitte 401(k) Fee Suit Arguments Suggest Division Among Judges

Arguments over Deloitte LLP’s handling of its retirement plan fees prompted different reactions from a panel of Second Circuit judges, whose questions to counsel Friday suggested disagreement over how to view the case before them.

Judge William J. Nardini pointed out an apparent contradiction in the Deloitte workers’ case, saying they claimed to lack information about the administrative services received by various retirement plans while simultaneously maintaining that these services are essentially the same across the board and can be easily compared among plans.

The workers’ attorney, Mark K. Gyandoh of Capozzi Adler PC, responded that major national retirement plan ...