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Nevin E. Adams, JD

By Nevin E. Adams, JD | 1/10/2020
The biggest 403(b) university settlement to date has been approved – but with a cut to the proposed fees for the plaintiffs’ attorneys. The suit – brought by five employees of Massachusetts Institute of Technology (MIT) and participants in the MIT Supplemental 401(k) Plan – was filed back in... READ MORE
By Nevin E. Adams, JD | 1/10/2020
A recent survey by the Plan Sponsor Council of America suggests that some plan design feature adoption rates may have plateaued. This week we asked NAPA-Net readers to share their experiences. Well, PSCA’s 62nd Annual Survey of Profit Sharing and 401(k) Plans, reporting 2018 plan activity, found... READ MORE
By Nevin E. Adams, JD | 1/8/2020
Believe it or not, there’s some unfinished business from the case of Tibble v. Edison. We last heard of the case back in September 2017, when the parties reached agreement on the remaining piece of the damages calculation in the long-running suit. The case involved 17 mutual funds that were chosen... READ MORE
By Nevin E. Adams, JD | 1/7/2020
The Plan Sponsor Council of America recently released its 62nd Annual Survey of Profit-Sharing and 401(k) Plans, documenting a record high rate of savings, alongside an uptick in Roth contributions and other trends. However, sometimes the things that don’t change can be just as telling… Target-... READ MORE
By Nevin E. Adams, JD | 1/6/2020
A recent survey by the Plan Sponsor Council of America suggests that some plan design feature adoption rates may have plateaued. What’s been your experience? PSCA’s 62nd Annual Survey of Profit Sharing and 401(k) Plans, reporting 2018 plan activity, found that while nearly a quarter of... READ MORE
By Nevin E. Adams, JD | 1/3/2020
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 Wetumpka, Alabama, Robert Swindle, 23, and his father had just left the casino here around 2:30 a.m. when… for reasons unexplained… a police officer ran a check on... READ MORE
By Nevin E. Adams, JD | 1/3/2020
Think we were done with multibillion-dollar plans getting sued for excessive fees and fiduciary breaches? Think again. This time the suit (Marks v. Trader Joe’s Co., C.D. Cal., No. 2:19-cv-10942, complaint 12/30/19) has been filed against fiduciaries of Trader Joe’s Company Retirement Plan by... READ MORE
By Nevin E. Adams, JD | 1/3/2020
So, now it’s official – and much of the newly enacted SECURE Act is effective immediately. There’s a lot to know, a lot for which to plan, and a lot to share. This week we asked readers what they knew – what they didn’t – and what they were least “SECURE” regarding. We listed a number of the key... READ MORE
By Nevin E. Adams, JD | 1/3/2020
Noting that “The Parties wish to conserve their and the Court’s resources during the period of time necessary to finalize insurance funding of the settlement,” a settlement has been struck in a case involving an ESOP where the stock price… rose. The filing, in the U.S. District Court for the... READ MORE
By Nevin E. Adams, JD | 1/3/2020
Less than a week before their scheduled trial date, the plaintiffs in an excessive fee suit have cut a deal with the plan’s advisor. It’s yet another case where the plaintiffs are represented by Schlichter Bogard & Denton LLP. In April 2019, Judge William J. Martinez in the U.S. District Court... READ MORE
By Nevin E. Adams, JD | 1/2/2020
A year ago, the average 401(k) balance went into 2019 with a bit of a hangover. This year the hangover could be for a different reason.  It’s easy to forget that in December 2018, the markets were so rough that the average 401(k) account balance for younger (25-34), less tenured (1-4 years)... READ MORE
By Nevin E. Adams, JD | 12/30/2019
On the eve of Christmas Eve, the parties in a suit involving employer stock struck a deal. The settlement (Swain v. Wilmington Tr., NA, D. Del., No. 1:17-cv-00071, motion for preliminary settlement approval 12/23/19) involved participants and beneficiaries of the ISCO Industries, Inc. Employee... READ MORE
By Nevin E. Adams, JD | 12/30/2019
So, now it’s official – and much of the newly enacted SECURE Act is effective immediately. There’s a lot to know, a lot for which to plan, and a lot to share. This week we’d like to know what you’re most curious about. The Setting Every Community Up for Retirement Enhancement (SECURE) Act was... READ MORE
By Nevin E. Adams, JD | 12/30/2019
It is something of a tradition this time of year to look back, to reminisce about past events and lessons learned, and sometimes to look ahead – and who am I to buck that trend? Here’s a look back – and some “things” that I hope will help lay the groundwork for a productive and prosperous 2020 for... READ MORE
By Nevin E. Adams, JD | 12/30/2019
There were a lot of ERISA litigation settlements in 2019 – but how are those trending? An analysis by Bloomberg Law finds that class settlements in employee benefit disputes hit $449 million in 2019 – a figure that they noted was up significantly from 2018’s $291 million, but well short of the $... READ MORE
By Nevin E. Adams, JD | 12/30/2019
Another financial services firm has struck a settlement in an excessive fee suit involving proprietary funds. Under the terms of the proposed settlement, M&T Bank or its insurers will pay a gross settlement amount of $20,850,000 into a common fund for the benefit of Class Members. And, while... READ MORE
By Nevin E. Adams, JD | 12/27/2019
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 Roseville, California, Movses Dermishyan, 30, and Jacob Booth, 39, were driving a van that was connected by a witness to a tailgate theft near here… literally having... READ MORE
By Nevin E. Adams, JD | 12/23/2019
One of the first universities to find itself targeted in a 403(b) excessive fee suit has asked the nation’s highest court to resolve the threshold for getting to trial. The suit was not only one of the first of the university 403(b) excessive fee suits to be filed (and yes, by the firm of... READ MORE
By Nevin E. Adams, JD | 12/20/2019
The Labor Department has weighed in on a case with significant implications for ERISA litigation cases. The suit, brought in the U.S. District Court for the Eastern District of Pennsylvania on behalf of a potential class of terminated Wawa, Inc. employees, alleged that Wawa, its ESOP plan trustees... READ MORE
By Nevin E. Adams, JD | 12/20/2019
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 Palm Beach, Florida, lottery winners Danielle Takeila Edmonson, 35, and her father Kenneth Roger Edmonson, 51, filed for some $175 million in tax refunds on the... READ MORE

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