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Keller Rohrback L.L.P. Investigates Excessive Fees through 401(k) Brokerage Window

Keller Rohrback L.L.P. is investigating whether employees and retirees have paid unnecessary and excessive fees in connection with their use of brokerage windows offered through their employer-sponsored 401(k) retirement plans.

Brokerage windows (sometimes referred to as “self-directed accounts”) allow 401(k) plan participants to go beyond the menu of investment options offered directly by their plans and invest in thousands of additional options, including corporate stock and mutual funds.

Keller Rohrback is investigating whether brokerage firms have failed to act in the best interest of plan participants when selecting which investment options to make available through their brokerage windows, which are offered to certain employers’ 401(k) plans.  The misconduct of these brokerage firms may include selecting funds that charge excessive fees, selecting funds based on the amount of fees shared with the brokerage firm, and selecting more expensive share classes despite the availability of less expensive classes of the same fund.

Keller Rohrback’s investigation team is interested in speaking with participants and beneficiaries in the following plans who may have paid fees that went to brokerage firms in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”):

  • Continental Airlines, Inc. 401(k) Savings Plan
  • Kimberly-Clarke Corporation 401(k) & Profit Sharing Plan
  • The Lilly Employee 401(K) Plan
  • Caterpillar 401(K) Retirement Plan
  • Caterpillar 401(K) Savings Plan

If you are a participant or beneficiary in one of these plans and have invested your retirement savings through a brokerage window, or if you are a fiduciary of one of these plans and you are concerned about the fees charged to participants in your plan, please contact paralegal Katie Rodenburg or attorney Matt Gerend at 800.776.6044 or via email at


How to find more information and documents regarding your retirement savings plan

  • Employer. Ask your current or former employer for information about your retirement savings plan. You may need to provide your full name, social security number, and the dates you worked for them.
  • Records Keeper. Many plans provide an online portal for plan participants that is hosted by a third-party record keeper (for example Vanguard, Fidelity Investments or Hewitt). The URL of your online portal is often located in the upper right-hand corner of your monthly or quarterly statement. Once you have opened the online portal, log in using an existing user name and password or follow the steps to log in as a first time user.
  • Plan Administrator. If you are unable to contact your former employer and you do not currently receive a statement, most plans are required to file an annual Form 5500 with the U.S. Government. The Form 5500 will have contact information for your plan administrator. You can search through Form 5500s for the name of your employer using a free website such as
How to find more information and documents regarding your retirement savings plan

Proven Success

Keller Rohrback L.L.P., with offices in Seattle, Phoenix, Ronan, New York, Santa Barbara, and Oakland, has a national reputation for groundbreaking ERISA class action litigation, and serves as lead and co-lead counsel in ERISA and other class actions throughout the country. Our Complex Litigation Group is proud to offer its expertise to clients nationwide, and our trial lawyers have obtained judgments and settlements on behalf of clients in excess of seven billion dollars. Learn more about our Employee Benefits, Retirement Security and Employment Law group.


If you are a participant, beneficiary, or named fiduciary of the above retirement savings plans, please contact paralegal Katie Rodenburg or attorney Matt Gerend at 800.776.6044 or via email at

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