Many employers have figured out by now that their vendors, consultants and brokers are more concerned with taking their money than being transparent. Failure to disclose conflicts, in the private sector, is a violation of the Consolidated Appropriations Act, though ironically the employer, rather than the perpetrator, is liable.

There are new legal theories that impute awareness of overpaying to having access to conferences, coalitions, or materials that reveal overpaying.  So anyone using Accolade expecting cost savings, for example, would be exposed, since it has been proven that Accolade loses money.  (If you are using Accolade just to explain benefits etc., with no expectation of savings, you are not liable.)

We provide both forensic consulting, in which we help get fees returned, as well as direct litigation support. We support employers by showing the overwhelming evidence that benefits consultants and vendors are suppressing the information demonstrating that their programs are worthless.

We are sometimes retained by benefits consultants, brokers or vendors instead. we have a winning strategy for them too, that we would prefer not to divulge.  Plus, if you are a vendor or a consulting firm it makes great sense to retain our services prospectively to “conflict us out” in the case of litigation against you.

Track record has been 100% achieving favorable settlements, usually so quickly and with so little effort that there is no charge beyond the initial retainer.