I reviewed a prospective client's Fidelity 401(k) so that I could offer advice on where to place their money in it. My thoughts: "Wow, no lower cost, higher performing passive funds - only higher cost actively managed funds and no funds other than Fidelity funds." As I looked through the Fidelity funds in this 401k I saw all the typical bad attributes seen in retail actively managed funds of excessive cash levels, high turnover, high expense ratios and low diversification.Then I do a google search on "fidelity law suits" and in 2014 Fidelity settled a lawsuit - by its own employees (!) and directly from the article are these words:"They [those filing the class action lawsuit] noted that the more than 150 investment options available in the Fidelity plan were all offered by Fidelity or a company subsidiary, according to the suit. And, at the end of 2010, nearly 85% of the plan's assets were held in actively managed Fidelity mutual funds, which tend to charge higher fees than passively managed index funds."Simply put - it's disappointing what goes on in the world of 401k plans where millions of Americans end up with less money in retirement than necessary.