On September 16, 2025, a class action lawsuit was filed in the U.S. District Court for the Western District of Missouri against Husch Blackwell LLP and its Executive Board members. The suit alleges that the firm violated the Employee Retirement Income Security Act (ERISA) by delaying the transfer of employees’ 401(k) contributions to the retirement plan, instead using these funds to cover operating expenses.
The complaint, initiated by former Husch Blackwell attorney Tyler M. Paetkau, claims that the firm routinely withheld funds from employee paychecks intended for their 401(k) accounts. Rather than promptly forwarding these contributions to the retirement plan, the firm allegedly retained the funds in its general operating account for extended periods, utilizing them to manage operational costs. This practice, as outlined in the lawsuit, deprived employees of potential investment returns on their retirement savings and contravened ERISA’s fiduciary duties of prudence and loyalty.
Sanford Heisler Sharp McKnight and Fell Law, representing the plaintiffs, emphasized the gravity of the allegations. Charles Field, Co-Vice Chairman of Sanford Heisler, stated, “Employees should be able to trust that when their employer withholds retirement plan contributions from their paycheck, those funds will go directly to their retirement savings, not into the employer’s pocket.” Bibi Fell, Founder of Fell Law, added, “Law firms should not be able to shift the financial burden of their operations onto their employees.” ([globenewswire.com](https://www.globenewswire.com/news-release/2025/09/16/3151119/0/en/Sanford-Heisler-and-Fell-Law-Sue-Law-Firm-For-Alleged-Self-Dealing.html?utm_source=openai))
Husch Blackwell has not publicly responded to the allegations at this time. The firm, known for its expertise in ERISA and employee benefits litigation, has previously defended clients against similar claims. ([huschblackwell.com](https://www.huschblackwell.com/industries_services/erisa/employee-benefits-litigation?utm_source=openai))
This case underscores the critical importance of adhering to ERISA’s fiduciary standards, particularly concerning the timely and appropriate handling of employee retirement contributions. Legal professionals and firms are reminded of the necessity to maintain strict compliance with federal regulations to safeguard employee benefits and uphold trust within the organization.