They'll get their wish soon, with the Ninth Circuit set to consider arguments in an ex-worker's bid to revive a 401(k) forfeiture suit against HP Inc. on May 20. The appellate court allowed the U.S. Department of Labor time to argue in favor of the technology company and its 401(k) plan. A Third Circuit panel on May 27 will also consider two separate 401(k) forfeiture appeals seeking to revive proposed class actions against technology company Siemens Corp. and defense and aerospace company Honeywell International Inc. The Third Circuit also granted the DOL time to argue in favor of the employers and affirming dismissal in those two appeals.

Maatman, with Duane Morris, said he's watching for future decisions from the appellate courts, including cases where the DOL is participating, to see if there's a "swing in the law in favor of the defense."

"ERISA forfeiture cases have proliferated in recent years, so a series of defense wins has the potential to clamp down on these claims," Maatman said.

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