Soon after the decision discussed in last month’s Quick Update (Hecker v. John Deere & Company) dismissing challenges to 401(k) fee sharing arrangements was issued, a number of decisions were released permitting participants to proceed in their challenges to 401(k) fee arrangements, including challenges to the same type of arrangements with Fidelity Investments that were present in Hecker. In addition, legislation has been proposed to specifically require disclosure of these types of 401(k) fee arrangements to participants. Clearly, this is an evolving area of the law. Plan sponsors would be well-advised to consult their advisors before entering into new contracts with their 401(k) mutual fund and other investment providers.