The worst nightmare of many retirement plan fiduciaries is to find themselves the target of a class action ERISA or 401(k) lawsuit.  My guests today, are intimately familiar with that feeling and more importantly, lived to tell about it.  Returning to the podcast I have Jamie Fleckner, ERISA Litigation Chair at Goodwin and Diane Gallagher, the Chair of the American Century Corporate Retirement Plan Committee. During this fascinating conversation you will hear how the 401(k) class action against American Century got started, what the plaintiffs were alleging, what it was like to be personally named in a multi-million dollar lawsuit, defending fiduciary decisions at trial and much more.  This episode is probably one of the more timely, informational and even emotional ones to date, enjoy!  

Guest Bios

Diane Gallagher is the Chair of the American Century Investments Corporate Retirement Plan Committee.  She is responsible for developing content and value-add programs for clients and is also a spokesperson on retirement investing. 

Diane originally joined American Century Investments in 1995 and developed communication programs for clients of J.P. Morgan/American Century Retirement Plan Services. Prior to returning to American Century in 2012, Diane was vice president, Retirement Insights for J.P. Morgan Asset Management. Previously, she led product marketing for J.P. Morgan Retirement Plan Services and directed the participant communications and education department. Prior to 1995, Diane served as media relations manager for the Mutual Fund Education Alliance (MFEA). She also worked in Corporate Communications and Marketing for Sinai Health Care System in Detroit, Michigan. 

Diane earned a bachelor’s degree in communications, magna cum laude, from the University of Detroit. She is accredited by the International Association of Business Communicators (IABC) and has earned many awards for her communication programs. She is a Board member of the Hands & Hearts Auxiliary for Children for Children’s Mercy Hospital and is a member of the Greater Kansas City Chamber of Commerce’s Centurions Leadership Program, class of 2019. 

She is Past-President of the Board of Directors of Ronald McDonald House Charities of Kansas City and currently serves on its Advisory Board. In 2007, Diane was named one of Kansas City’s “40 Under 40” leaders by Ingram’s magazine. A frequent conference speaker, she holds Series 7, 63 and 24 licenses.

Jamie Fleckner is a partner in Goodwin’s Financial Industry practice and Chair of its ERISA Litigation practice. Mr. Fleckner represents clients in a wide array of complex commercial litigation, with a focus on financial services and products, including investment management. He regularly litigates class and derivative actions under ERISA, the Investment Company Act of 1940, the Securities Exchange Act of 1934, and related federal and state laws. His practice also focuses on regulatory investigations and governmental proceedings, and has represented clients before the U.S. Department of Labor, Securities and Exchange Commission, Department of Justice, Pension Benefit Guaranty Corporation and state authorities.

Mr. Fleckner’s success in litigating cutting edge legal issues has been profiled in The American Lawyer’s Big Suits and Litigator of the Week features. According to Chambers USA: America’s Leading Lawyers for Business where Mr. Fleckner has been selected for inclusion since 2014, Mr. Fleckner is “at the top of his game,” and is “a rare thought leader” on ERISA litigation. Since 2015, he has been recognized as a leading lawyer in the list of Who’s Who Legal: Pensions and Benefits.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over one hundred prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!