Schnader Harrison Retirement and Savings Plan Litigation
A settlement has been reached in this case and a fairness hearing is set for January 22, 2026.
For questions about the settlement procedures or forms and information about you including your settlement payment, please contact the Settlement Administrator:
Schnader Harrison ERISA Litigation Settlement Administrator
c/o CPT Group, Inc.
PO Box 19504
Irvine, CA 92623
1-888-400-1626
For additional information about the settlement, please visit www.SchnaderERISAlawsuit.com
For questions about the Lawsuit or the Settlement overall (and if the Settlement Administrator cannot answer your questions), please contact Class Counsel at SchnaderERISALawsuit@thebartonfirm.com
Summary of Lawsuit
This lawsuit alleges that Schnader Harrison Segal & Lewis LLP and the fiduciaries of its retirement plan breached their fiduciary duties and engaged in prohibited transactions by mismanaging retirement plan contributions made by non-equity partners and counsel.
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The Complaint alleges that the terms of Schnader Harrison Segal & Lewis LLP Retirement and Savings Plan (“the Plan”) did not require non-equity partners or counsel to make pre-tax salary deferred contributions to the Plan, but the Firm adopted a policy requiring those income partners and counsel to do so. The Complaint alleges that Schnader calculated the amount to be deferred every month for each non-equity partner in mid-January for that year and withheld the calculated amounts each month from non-equity partners’ compensation but does not timely contribute those amounts to the Plan.
Under ERISA and Department of Labor regulations, employers are required to pay employee contributions into the Plan at the earliest date in which the money can be reasonably segregated from the employer’s general assets. The Complaint alleges that the Firm, however, did not pay the employee contributions into the Plan at the earliest possible date and, instead, commingled employee contributions with Schnader’s general assets. The Complaint alleges thatthe employee contributions were commingled with other assets of the Firm and were used to fund Schnader’s operations and distributions to the firm’s equity partners. The Complaint alleges that typically, employee contributions were not paid into the Plan until September of the following year in which those contributions were withheld from non-equity partners’ paychecks.
The Complaint alleges that beginning in 2022, Schnader was experiencing a decline in operating revenue, but the firm’s financial circumstances, equity partners were not required to make capital contributions to the firm and they continued to take their normal pay from the firm.
In August 2023, Schnader announced its closing and some equity partners began to dissolve the firm. Soon after, the Complaint alleges that the liquidating equity partners informed the firm’s current and former non-equity partners that the firm would not pay the employee contributions into the Plan because it lacked the funds.
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This lawsuit is brought on behalf of the following Class:
Participants in the Plan from (other than Equity Partners of Schnader) who had contributions deducted from their compensation between February 7, 2018 to the present and for whom such contributions were not contributed to the Plan within 15 days and the beneficiaries of such participants.
Excluded from the Class are the following persons: (a) the Defendants, (b) any equity partners of Schnader during the Class Period, (c) other persons who had decision-making or administrative authority relating to the administration, modification, funding or interpretation of the Plan, (d) the beneficiaries of such persons or the immediate family members of any of the foregoing excluded persons, and (e) the legal representatives, successors and assigns of any such excluded persons.
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On February 7, 2024, Plaintiff filed the Class Action Complaint. Defendants filed a Motion to Dismiss on May 14, 2024, which the Court denied on July 23, 2024.
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After the Court denied Defendants’ Motion to Dismiss, the parties engaged in mediation after Defendants produced certain key documents and data. A mediation session was held on October 15, 2024 with an experienced mediator. The parties reached a settlement in principle on November 25, 2024, which was formalized in an executed settlement agreement on August 4, 2025.
Under the terms of the settlement, Defendants have paid $675,000 into a Settlement Fund to resolve all of the claims of the Class. After subtracting any court-approved attorneys’ fees, expenses and service award to Class Representative, the Net Cash Settlement Fund will be distributed to the Class pursuant to the Plan of Allocation.
Plaintiff filed a Motion for Class Certification on June 23, 2025 and a Motion for Preliminary Approval of Settlement on August 12, 2025.
On August 19, 2025, the Court granted the Motion for Preliminary Approval of the Settlement and set a final fairness hearing on January 22, 2026 at 10 a.m. in Courtroom 15-B, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.
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Order Setting Final Fairness Hearing - September 2, 2025
Order Certifying Class & Granting Preliminary Approval - August 19, 2025
Motion for Preliminary Approval of Settlement - August 12, 2025
Motion for Class Certification - June 23, 2025
Order on Motion to Stay - October 29, 2024
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“Deal Unveiled In Schnader Harrison ERISA Case After Delays” Law360
“Ex-Schnader Harrison Atty Says Deal Is Near In Pension Fight” Law360
“Lawyer’s Suit Over Dissolved Firm Retirement Plan Moves Forward” Bloomberg Law News
“Shuttered Philadelphia firm must face ex-partner’s lawsuit over pension plan” Reuters
“Schnader Harrison Must Face Ex-Firm Atty’s Class Action” Law360
“Dissolved Law Firm Bungled Attorney Retirement Plan, Suit Says” Bloomberg Law News
“Ex-Schnader Harrison Atty Alleges Firm Mishandled Funds" Law360
Whom to Contact for More Information
If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:
R. Joseph Barton, Esq. jbarton@thebartonfirm.com
Ming Siegel, Paralegal ming@thebartonfirm.com
The Barton Firm LLP
1633 Connecticut Ave. NW Suite 200
Washington, DC 20009
(202) 734-7046
The Barton Firm LLP is co-counsel in this litigation with the Garner Firm Ltd.