July 8, 2025

IN LITIGATION

Hutchins v. HP Inc.

On July 9, 2025, WLF asked the Ninth Circuit to enforce ERISA and defined-contribution plan provisions as written. In an amicus brief supporting a district court’s dismissal of an ERISA challenge to HP’s use of “forfeitures,” WLF argued that ERISA, IRS guidance, and HP’s own plan expressly permit forfeitures either to cover administrative costs or to fund future matches. WLF also warned that creating new judicial duties beyond ERISA’s text could discourage employers from offering any retirement plan. The true victims, WLF cautioned, would be the workers left without retirement security—not the lawyers.

Documents:

WLF amicus brief