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Nevin E. Adams, JD

By Nevin E. Adams, JD | 10/8/2019
A federal judge has trimmed the fees requested by plaintiffs’ attorneys in an excessive fee suit involving proprietary funds. Terms of the settlement, struck after “more than two years of litigation, multiple dispositive and discovery motions, a contested class certification motion, complete... READ MORE
By Nevin E. Adams, JD | 10/7/2019
An appellate court decision that an excessive fee claim was subject to arbitration under terms of the plan document might be getting another review.  It was just a few weeks ago that Schwab prevailed on appeal in the Ninth Circuit, which had cited “intervening Supreme Court case law.”  Now the... READ MORE
By Nevin E. Adams, JD | 10/7/2019
A surprising amount of retirement savings turns into pre-retirement spending (and taxes) for no reason other than the complexity of the rollover process. This week, we’d like to know your thoughts on, and experience with, that process – and if you’re one of the first 100 respondents, you could win... READ MORE
By Nevin E. Adams, JD | 10/4/2019
An advisor – who had been added as a party to excessive fee litigation, only to have those claims dismissed – now finds itself back in “play.” The suit – brought by participants in plans of New York University (NYU), and one of the first excessive fee suits filed against university 403(b) plans by... READ MORE
By Nevin E. Adams, JD | 10/4/2019
The Treasury Department and IRS have just published final regulations on hardship distribution options – along with some changes, and clarifications, from the proposed version. Have they taken hold? And what impact might they have? NAPA-Net readers weigh in. By way of background, the Bipartisan... READ MORE
By Nevin E. Adams, JD | 10/3/2019
A federal judge has given the plaintiff in an excessive fee suit an “incomplete” – but left the door open for a another shot. This time the defendant is Invesco – a suit, filed a little more than a year ago by participant-plaintiff Diego Cervantes in the U.S. District Court for the Northern... READ MORE
By Nevin E. Adams, JD | 10/3/2019
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 Evesham, New Jersey, police are asking for help… as they try to find a trio (two men and a woman) who stole about $4,200 worth of merchandise… Looks like a job for... READ MORE
By Nevin E. Adams, JD | 10/2/2019
  Today we are proud to announce the list of nominees for our fifth annual NAPA Top Women Advisors award. From the very beginning it was clear that this was a recognition with a real impact, both for the individuals recognized, and for the firms that support them. While the determination of the... READ MORE
By Nevin E. Adams, JD | 10/1/2019
Financial wellness – it remains a hot topic among advisors – but among plan sponsors? For all the coverage that the subject engenders – and it’s considerable in this space – it’s not unusual to find awareness gaps among plan sponsors, with perspectives ranging from ignorance to ambivalence to... READ MORE
By Nevin E. Adams, JD | 9/27/2019
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 Cleveland, Ohio, Imani C. Edwards, 23, was apparently late to work. This is not the way to remedy that situation.  In Madrid, Spain, an unnamed 34-year-old man was... READ MORE
By Nevin E. Adams, JD | 9/27/2019
The Treasury Department and IRS have just published final regulations on hardship distribution options – along with some changes, and clarifications, from the proposed version. This week, we’d like to know what the response has been, if any, among your plan sponsor clients. You’ll recall (... READ MORE
By Nevin E. Adams, JD | 9/27/2019
The excessive fee settlement recently announced between the parties in a suit involving a large university plan has been challenged – by a law professor at the university. The settlement – the terms of which were announced in April – was struck between participant-plaintiffs (represented by the... READ MORE
By Nevin E. Adams, JD | 9/26/2019
Terms of a stable value fund settlement announced nearly two years ago have finally been approved – but not without a bit of controversy. In November 2017, J.P. Morgan agreed to pay $75 million to resolve an ERISA class action suit in which the plaintiffs alleged that the firm breached its... READ MORE
By Nevin E. Adams, JD | 9/26/2019
A strong and growing practice is all about relationships – and yet, the growing part often makes relationship development hard, if not impossible. This week we asked NAPA-Net readers about the customer relationship management (CRM) system(s) they use – and why. As for what CRM they use today,... READ MORE
By Nevin E. Adams, JD | 9/25/2019
A federal judge has refused to let plan fiduciaries off the hook in an excessive fee case – but has dismissed claims against the plan’s managed account provider. Plaintiffs here are participants in Home Depot’s FutureBuilder 401(k) plan, and they have filed suit not only against the plan... READ MORE
By Nevin E. Adams, JD | 9/24/2019
Plan sponsors have a lot of responsibilities and often rely on others to help them keep their plan operating in accordance with the law. And yet, even with the most attentive plan sponsors, mistakes (still) occur.  Here’s a list of some of the most common missteps:  1. Not using the plan’s... READ MORE
By Nevin E. Adams, JD | 9/23/2019
A small plan participant’s bid to bring suit on behalf of tens of thousands of plans and millions of participants has been rejected by a federal judge. U.S. District Judge Edmund A. Sargus of the U.S. District Court for the Southern District of Ohio denied a bid from plaintiff Theresa Brown to... READ MORE
By Nevin E. Adams, JD | 9/23/2019
A strong and growing practice is all about relationships – and yet, the growing part often makes relationship development hard, if not impossible. That’s why a number of readers have asked us – to ask you – what, if any, customer relationship management platform(s) you use, have used, and would use... READ MORE
By Nevin E. Adams, JD | 9/20/2019
Seems like every week – and sometimes more than once a week – there’s a new suit filed against plan fiduciaries. What do NAPA-Net readers think it all means to retirement plans, and plan designs? While acknowledging that the causes, realities, and outcomes of ERISA litigation are varied (to say... READ MORE
By Nevin E. Adams, JD | 9/20/2019
  The Treasury Department and IRS have published final regulations on hardship distribution options – and there are some changes, and clarifications, from the proposed version. You’ll recall that the Bipartisan Budget Act of 2018 (“BBA 2018”) directed the Secretary of the Treasury to “modify §1.... READ MORE

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