FOLLOW US

America October 27, 2025 3 mins read

Judge Dismisses WPP Marketing Co 401(k) Forfeiture Suit in New York

America ı By Rihem Akkouche

0 Comments

WPP Marketing Co 401(k) Forfeiture Suit

A New York federal judge has thrown out a proposed class action lawsuit against WPP Group USA Inc., ruling that two former employees failed to prove the marketing giant mishandled 401(k) plan forfeitures in violation of federal benefits law.

In a detailed opinion issued Friday, U.S. District Judge John G. Koeltl sided with WPP Group, finding that the company’s use of forfeited funds to offset employer contribution costs was consistent with the plan’s governing documents and long-standing federal guidance.

The decision dealt a significant blow to former WPP employees Rafael Polanco and Monique Johnson, who had accused the company and its retirement plan committee of breaching fiduciary duties under the Employee Retirement Income Security Act (ERISA).

Court Finds No ERISA Violation in Forfeiture Use

Polanco and Johnson filed their complaint in December, claiming that WPP diverted millions in 401(k) forfeitures — funds left behind when employees left before vesting — for its own benefit rather than redistributing them to plan participants.

However, Judge Koeltl concluded the plan’s terms explicitly allowed the company’s actions.

“By using forfeitures to cover contributions, the defendants neither violated the plan document's terms nor deprived the plaintiffs of any entitlement guaranteed to them by the plan,” the judge wrote.

The court also noted that participants suffered no tangible loss, and referenced a series of similar district court rulings dismissing comparable ERISA challenges from other employers.

Treasury and DOL Guidance Bolster WPP’s Defense

Judge Koeltl cited U.S. Treasury Department regulations and a recent U.S. Department of Labor amicus brief that both support employers using forfeitures to fund contributions — a practice recognized across the retirement plan industry.

“The plaintiffs never square their theory with these congressional and agency sources,” Koeltl added, underscoring that WPP’s conduct was well within permissible boundaries.

Some Claims Dismissed With Leave to Amend

While the judge dismissed the fiduciary duty of loyalty and prohibited transaction claims with prejudice, he granted the plaintiffs a narrow opportunity to amend allegations tied to prudence and failure to monitor, giving them 21 days to file a revised complaint.

The case reflects a growing trend of ERISA forfeiture suits emerging in federal courts — many of which have been dismissed as courts defer to federal guidance allowing employers to reallocate unvested funds.

Legal Teams Behind the Case

The proposed class is represented by Andrew K. Glenn of Glenn Agre Bergman & Fuentes LLP and Tulio D. Chirinos of Chirinos Law Firm PLLC.

WPP Group USA Inc., the American arm of London-based advertising and marketing powerhouse WPP, is defended by William J. Delany, Lars C. Golumbic, Mark C. Nielsen, and Theodore A. Van Beek of Groom Law Group Chtd.

Neither side immediately responded to requests for comment Monday.

With Judge Koeltl’s decision, WPP becomes the latest company to fend off claims over 401(k) forfeiture handling, reaffirming how courts are interpreting ERISA’s boundaries in an era of heightened scrutiny over retirement plan management.

Previous Article

MapLight $251M IPO Defies Market Slowdown Amid Federal Shutdown

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 02, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs Across California
By – Rachel Moore
America October 02, 2026
Nexfibre’s $2.7B Deal Faces U.K. Competition Roadblock
By – Tyler Brooks
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Capitol Police Plaque Lawsuit Dismissal Ends…

Sometimes a legal fight isn’t about the money or the…

By – Tyler Brooks
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
Lyft $272.5M Settlement Marks California’s Largest…

Some settlements fade quietly into legal history. This one is…

By – Tyler Brooks
America October 1, 2026
Google Launches Project Suncatcher, Betting on…

Sometimes the boldest ideas start small — in this case,…

By – Tyler Brooks
America October 1, 2026
TJ Maxx Closing Three More Stores…

Empty storefronts have become almost a recurring chapter in retail’s…

By – Rachel Moore
America October 1, 2026
$500 Obamacare Refund Checks Land in…

Not every government payment lands evenly across the map —…

By – Rachel Moore
America October 1, 2026
Zurich Beazley Takeover Officially Closes, Creating…

Months of regulatory hurdles, court hearings and shareholder maneuvering have…

By – Rachel Moore
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 29, 2026
Clone Saga could replace Spider-Noir as…

The Clone Saga could be coming to television as Sony…

By – Jackie Allen
America September 29, 2026
Unabomber: Russell Crowe true-crime thriller surges…

“Unabomber,” Netflix’s new true-crime drama starring Russell Crowe and Jacob…

By – Jackie Allen
America September 29, 2026
Cornell University case draws renewed scrutiny…

ITHACA, N.Y. — A key piece of evidence in the…

By – Jackie Allen
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 30, 2026
AI Is Creating New Losses Faster…

What Policyholders Need to Know Deepfakes and misinformation dominate reported…

By – Samuel Lopez
America September 30, 2026
California ‘Kelvin Wave’ Phenomena Could Supercharge…

What Coastal Homeowners Need to Know A massive El Niño-linked…

By – Samuel Lopez
America September 30, 2026
Queen and David Bowie’s Copyright Dispute…

What the Copyright Record Actually Shows Queen and David Bowie…

By – Samuel Lopez
America September 30, 2026
Wladimir Klitschko Moves to Protect Daughter…

What the Court Filing Reveals Klitschko wants immediate legal authority…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter