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Nevin E. Adams, JD

By Nevin E. Adams, JD | 2/28/2020
If you think you’ve had a bad week, just remember—it could have been worse. Check out what happened to these guys (and gals)…  In Pipestone County, Minnesota, an unnamed 24-year-old driver (from South Dakota) was pulled over for doing 92 mph in a 60 mph zone… and minutes later for doing 115 mph in... READ MORE
By Nevin E. Adams, JD | 2/28/2020
Willie Sutton once famously remarked that he robbed banks “because that’s where the money is.”  These days cyber criminals might say the same thing about 401(k) plans. This week, we checked in with NAPA-Net readers on their (and their clients’) cyber insecurities. Though such attempts don’t often... READ MORE
By Nevin E. Adams, JD | 2/28/2020
The terms of an excessive fee suit settlement involving the law firm of Schlichter Bogard & Denton have been revealed—and once again, it involves more than money. The Suit The suit, filed in January 2016 alleged that Oracle allowed the plan’s recordkeeper (Fidelity) to be paid between $68 to... READ MORE
By Nevin E. Adams, JD | 2/27/2020
In a unanimous ruling, the nation’s highest court says you don’t need more than a dictionary to know the meaning of “actual knowledge” when it comes to participant awareness regarding 401(k) disclosures. ‘Tell’ Tale The decision came in a case involving Intel’s 401(k), its decision to invest its... READ MORE
By Nevin E. Adams, JD | 2/26/2020
Chalk up another 401(k) excessive fee suit—the fifth for a relatively unknown set of litigants. Those litigants—more precisely the attorneys representing the litigants—are Greg Coleman Law, Jordan Lewis PA, and Crueger Dickinson LLC. Their targets are smaller than have been the norm in such... READ MORE
By Nevin E. Adams, JD | 2/25/2020
Roth 401(k)s are more prevalent—and popular—than ever. But is that good—or bad—for retirement? A recent op-ed[i] in The Wall Street Journal explored the potential implications—“What ‘Rothifying’ 401(k)s Would Mean for Retirees”— (subscription required), though the focus is on tax policy as well... READ MORE
By Nevin E. Adams, JD | 2/24/2020
Willie Sutton once famously remarked that he robbed banks “because that’s where the money is.” These days cyber criminals might say the same thing about 401(k) plans. This week, we’re checking in on your (and your plan sponsor clients’) cyber insecurities. Help us—and your fellow NAPA-Net readers—... READ MORE
By Nevin E. Adams, JD | 2/21/2020
If you think you’ve had a bad week, just remember—it could have been worse. Check out what happened to these guys (and gals)…  In Wyoming, Michigan, an unnamed individual was clearing out the home of a deceased relative… when he came across…"a couple, what appeared to be, hand grenades”… so, what... READ MORE
By Nevin E. Adams, JD | 2/20/2020
It’s often said that if at first you don’t succeed, try, try again… Well, you can’t say the team at Schlichter Bogard & Denton isn’t patient – and persistent. Here we’re talking (again) about the case of Tibble v. Edison. You remember that one – it went all the way up to the U.S. Supreme Court... READ MORE
By Nevin E. Adams, JD | 2/19/2020
Having been named in at least three separate suits regarding its FundsNetwork platform structure, Fidelity has prevailed in at least one. This particular suit, brought as a potential class action by Andre W. Wong, a participant in the T-Mobile USA, Inc. 401(k) Retirement Savings Plan and Trust, on... READ MORE
By Nevin E. Adams, JD | 2/18/2020
I’ve just passed the fifth anniversary of a small fall that took a big chunk out of my life. It was one of those little things – carrying that last box of Christmas ornaments to the basement for storage – when, just three steps from the bottom, I missed one. All I could think about in the 2... READ MORE
By Nevin E. Adams, JD | 2/14/2020
Taking a page from a earlier 403(b) university excessive fee settlement, the Schlichter law firm has made a new allegation of fiduciary breach in a 401(k) suit—the unauthorized use of participant data. This week we asked NAPA-Net readers what, if anything, they were seeing—and saying—on the subject... READ MORE
By Nevin E. Adams, JD | 2/14/2020
If you think you’ve had a bad week, just remember—it could have been worse. Check out what happened to these guys (and gals)…  Near San Clemente, California, an unnamed 34-year-old drew the attention of law enforcement by “driving erratically between lanes and around drivers”… and at speeds up to... READ MORE
By Nevin E. Adams, JD | 2/11/2020
Could lifetime income disclosures undermine retirement savings? Over the past several years, a growing amount of attention has been focused on the decumulations of defined contribution plan balances in retirement – and a sense that the emphasis on account growth, and account balances, glosses over... READ MORE
By Nevin E. Adams, JD | 2/10/2020
Opportunity knocks for strategic partners that can help financial advisors solve their technology gaps, but they first need to break through barriers to adoption, according to new research from Cerulli Associates.  In “U.S. Advisor Metrics 2019: Ushering in a Digital Transformation,” Cerulli finds... READ MORE
By Nevin E. Adams, JD | 2/10/2020
Taking a page from an earlier 403(b) university excessive fee settlement, the Schlichter law firm has made a new allegation of fiduciary breach in a 401(k) suit – the unauthorized use of participant data. More specifically, the recent suit against Shell Oil defendants noted that “Plan participants... READ MORE
By Nevin E. Adams, JD | 2/7/2020
If you think you’ve had a bad week, just remember – it could have been worse. Check out what happened to these guys (and gals)…  In Yukon, Oklahoma, neighbors John Stafford and David Baird were recently engaged in an altercation that became quite violent… eventually requiring the intervention of... READ MORE
By Nevin E. Adams, JD | 2/7/2020
Whatever else separates us, every year more than 100 million Americans come together to watch the Super Bowl – and this year the ads that run during that television event sold for a record $5.6 million (for 30 seconds). This week we asked readers to share their favorites. Far and away the most... READ MORE
By Nevin E. Adams, JD | 2/7/2020
A federal appellate court has adopted the fiduciary test established in another circuit – but has it come to a different conclusion? The Eighth Circuit disagreed (Rozo v. Principal Life Ins. Co., 8th Cir., No. 18-3310, 2/3/20) with the district court’s granting of summary judgment in favor of the... READ MORE
By Nevin E. Adams, JD | 2/6/2020
Motions to dismiss a big suit by a small plan participant brought by a law firm with a personal injury suit pedigree have met with mixed results from a federal judge. The suit (Goetz v. Voya Financial, Inc., D. Del., No. 1:17-cv-01289-UNA, complaint filed 9/8/17), brought by plaintiff Sharon Goetz... READ MORE

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