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Nevin E. Adams, JD

By Nevin E. Adams, JD | 7/10/2023
For the past several weeks we’ve offered you a chance to help shape the agenda for the 2024 NAPA 401(k) Summit—this week, we’re offering you a shot at the ultimate cage match. That’s right, we’ve taken several hundred potential topics, sorted them out into four separate broad categories, and... READ MORE
By Nevin E. Adams, JD | 7/10/2023
The parties in an excessive fee suit have struck a deal—approximately three years after being filed, and despite making changes that arguably mitigated at least some of the claims. Plaintiffs Shane Tepper, Surfina Adams, Michael Mensack and Daniel Dise—represented by Miller & Shah—sued on... READ MORE
By Nevin E. Adams, JD | 7/7/2023
Well, here we are again at the end of yet another workweek—and month, and halfway through 2023—and yet, just look at what happened to these guys and gals… First, some odds and ends… Near Eureka, California, the drive-through Redwoods have—literally—become a tourist “trap”... Tell me if you’ve... READ MORE
By Nevin E. Adams, JD | 7/7/2023
We’ve gotten more than 6,000 votes to date on proposed topics for the 2024 NAPA 401(k) Summit—in three major categories. And there’s been a LOT of jostling in the rankings! Lest you forget—the 2024 NAPA 401(k) Summit will be held April 7-9 in Nashville, Tennessee. You’ll definitely want to mark... READ MORE
By Nevin E. Adams, JD | 7/6/2023
With a growing focus on the fiduciary responsibilities for healthcare plans, a national employer is suing Aetna for breaching its fiduciary duties in approving and paying “false, fraudulent, and improper claims”—and for withholding information that would allow a review of those practices. The... READ MORE
By Nevin E. Adams, JD | 7/3/2023
You’ve heard us say that the agenda for the NAPA 401(k) Summit is put together for advisors by advisors—well, here’s your opportunity to weigh in (again)—this time on business building topics! That’s right, once again this year we’ve teed up a good assortment of potential topics for you to... READ MORE
By Nevin E. Adams, JD | 7/3/2023
A federal magistrate judge has recommended curtailment of a key rollover provision of the Labor Department’s investment advice regulation. The recommendation of U.S. Magistrate Judge Rebecca Rutherford comes in a 75-page “findings, conclusions, and recommendations” in response to a suit filed last... READ MORE
By Nevin E. Adams, JD | 6/30/2023
Well, here we are again at the end of yet another workweek—and month, and halfway through 2023—and yet, just look at what happened to these guys and gals… First, some odds and ends… From Tucson, Arizona, we bring you Scooter…this year’s world’s ugliest dog…  And now we give you…Dracula... READ MORE
By Nevin E. Adams, JD | 6/30/2023
The allegations in a new excessive fee suit are familiar—but the plaintiff has clearly been attentive to pleading failures that have led to other, similar cases being dismissed. Commenting that “the proliferation of 401(k)plans has exposed workers to big drops in the stock market and high fees... READ MORE
By Nevin E. Adams, JD | 6/30/2023
We’ve gotten more than 6,000 votes to date on proposed topics for the 2024 NAPA 401(k) Summit—in three major categories. And there’s been a LOT of jostling in the rankings! Lest you forget—the 2024 NAPA 401(k) Summit will be held April 7-9 in Nashville, Tennessee. You’ll definitely want to mark... READ MORE
By Nevin E. Adams, JD | 6/29/2023
One of the first excessive fee suits filed against university 403(b) plans has (finally) come to a conclusion with a jury verdict in favor of the fiduciary defendants—with an odd twist (or two). The suit against Yale University was one of the first to be filed in this area—and by Schlichter Bogard... READ MORE
By Nevin E. Adams, JD | 6/28/2023
Collective investment trusts (CITs) have often been touted as superior (less expensive) alternatives to mutual funds in excessive fee suits—but a settlement has been struck in a case alleging excessive fees and poor performance of those alternatives. Just weeks before the case was slated to go to... READ MORE
By Nevin E. Adams, JD | 6/27/2023
A week from today the nation will celebrate Independence Day—though of course independence didn’t actually occur on July 4. Let’s face it, the Declaration of Independence[i] was little more than that—a declaration. One that had yet to be backed by anything beyond the artfully crafted and narrow... READ MORE
By Nevin E. Adams, JD | 6/26/2023
Another target-date fund family has been…targeted…in a fiduciary breach suit that claims plan fiduciaries failed to prudently review—and remove—underperforming target-date funds. The target-date funds in question this time are the JPMorgan SmartRetirement series, while the plans in question are... READ MORE
By Nevin E. Adams, JD | 6/26/2023
You’ve heard us say that the agenda for the NAPA 401(k) Summit is put together for advisors by advisors—well, here’s your opportunity to weigh in (again)—this time on team building topics! That’s right, once again this year we’ve teed up a good assortment of potential topics for you to consider... READ MORE
By Nevin E. Adams, JD | 6/23/2023
Well, here we are again at the end of yet another workweek—and yet, just look at what happened to these guys and gals… First, some odds and ends… Remember that iconic scene in Ferris Bueller’s Day Off where the parking attendants go for a joyride?  Well, near Bristol, UK—and more precisely at the... READ MORE
By Nevin E. Adams, JD | 6/23/2023
We’ve gotten nearly 5,000 votes to date on proposed topics for the 2024 NAPA 401(k) Summit—in two major categories. Lest you forget—the 2024 NAPA 401(k) Summit will be held April 7-9 in Nashville, Tennessee. You’ll definitely want to mark your calendars for this one! As for the agenda for that... READ MORE
By Nevin E. Adams, JD | 6/20/2023
I recently ran across a survey that claimed 7 in 10 DC plan sponsors were “taking steps” to solve the retirement income challenge… but that looks to have been “aspirational.” While the survey’s[i] intro cautioned that there was more to be done, that struck me as a remarkably high (and reassuring)... READ MORE
By Nevin E. Adams, JD | 6/20/2023
You’ve heard us say that the agenda for the NAPA 401(k) Summit is put together for advisors by advisors—well, here’s your opportunity to weigh in! That’s right, once again this year we’ve teed up a good assortment of potential topics for you to consider and vote on via our unique “cage match”... READ MORE
By Nevin E. Adams, JD | 6/20/2023
Finding that, as in baseball, “three strikes and you’re out,” an excessive fee suit has been dismissed—with prejudice. Participant-plaintiff Drew Mateya[i] had filed suit against Cook Group Incorporated and Cook Group Profit Sharing Plan Advisory Committee for violating 29 U.S.C. § 1104(a)(1)(B)—... READ MORE

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