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Lessons To Be Learned from Revenue Sharing Litigation

Over the past nine years, so-called excess fee litigation has rocked the retirement plan industry — so what are the lessons learned?

Earlier this year one of those cases, Tibble v. Edison International, finally got its day before the U.S. Supreme Court.

While the nation’s high court was ostensibly focused on how ERISA’s statute of limitations was to be applied in challenging fiduciary actions, there was also a brisk discussion among the justices about the what, how often, and whys of fiduciary review.

The nation’s highest court is expected to announce its decision in the case in late June, just ahead of the 2015 NAPA DC Fly-In Forum, and delegates will have the opportunity to hear directly from litigators on both sides of these issues in a very special panel discussion.

Joining us for the discussion will be:

  • Michael A. Wolff of the law firm of Schlichter Bogard & Denton LLP, which has represented plaintiffs in a large number of these lawsuits; and

  • Jamie Fleckner, of the law firm of Goodwin Procter LLP, which has represented defendants.

The panel will be moderated by David Levine of the Groom Law Group, Chartered.

You’ll get the inside scoop on the litigation to date, the lessons learned, and the areas in which you can help your clients avoid trouble.

In addition to this dynamic panel, delegates to the Fly-In Forum, now in its third year, will gain insights from, and have a chance to provide input to, policymakers on key issues, including:

  • the recently published fiduciary reproposal;

  • new legislative initiatives;

  • revenue-sharing litigation; and

  • tax reform “targets.”


Through your membership in NAPA, the DC Fly-In Forum is the way for you to have your voice heard and get the inside scoop on what’s going on, and what’s coming down the road. You’ll gain a competitive edge, and your voice will be heard.

But seats are limited — and they’re filling up fast. Only a limited number of delegates are accepted, and the application window will close shortly. So complete your application today at http://napadcflyin.org/.

When: July 21-22
Where: The W Hotel, Washington, DC

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