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Nevin E. Adams, JD

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
By Nevin E. Adams, JD | 9/19/2019
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 Athens, Ohio, Tyler Uher, decided it would be fun to clamber up a 30-foot pole one recent Friday night, cheered on a by a crowd of students at a house party near Ohio... READ MORE
By Nevin E. Adams, JD | 9/19/2019
The settlement terms of two fiduciary breach suits involving a 401(k) plan, its investment structure, plan consultant, and selection of target-date funds have been submitted for court approval. The class settlement – reached between Safeway, Inc., its plan consultant (AON Hewitt Investment... READ MORE
By Nevin E. Adams, JD | 9/17/2019
Financial literacy has long been touted as something of a “silver bullet” in helping workers make better financial decisions – and now there’s a call to make it a mandatory employment offering.  Now, we all know that lots of workers get their first (and for many only) exposure to financial markets... READ MORE
By Nevin E. Adams, JD | 9/17/2019
A lawsuit challenging California’s auto-IRA program for private sector workers just got the backing of the federal government. Last month the Department of Justice asked a federal court to hold off ruling on a suit challenging California’s auto-IRA program for private sector workers.  The Case at... READ MORE
By Nevin E. Adams, JD | 9/16/2019
Seems like every week – and sometimes more than once a week – there’s a new suit filed against plan fiduciaries.   This week, we’d like to know what you think of the impact of the litigation – what, if any, specific aspects are most on the mind of the plan sponsors you work with – and has it... READ MORE
By Nevin E. Adams, JD | 9/13/2019
Another of the university 403(b) excessive fee suits has settled – less than a week before its scheduled trial date. While it is hardly the first to strike a deal just ahead of trial, it seems fair to say that this one has gone places in arguments and counter arguments that – thus far have been... READ MORE
By Nevin E. Adams, JD | 9/13/2019
We’re (already) planning for 2020 – and for this week’s NAPA-Net Reader Poll, we asked readers to tell us what they think about… NAPA-Net. Respondents to this week’s reader poll were, as you might expect, readers – and regular readers at that. Three-quarters read it every single day (though about... READ MORE
By Nevin E. Adams, JD | 9/12/2019
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 High Springs, Florida, Mary Liane Fritz, 30, followed a woman… who said Mary was stalking her… to the High Springs Police Station here… Officers subsequently placed... READ MORE
By Nevin E. Adams, JD | 9/12/2019
Last week we unveiled our sixth annual list of NAPA Top 100 Defined Contribution (DC) Wholesalers, as selected by the nation’s leading retirement plan advisors. Today we highlight the top 10 from that list in two categories: DCIOs and Recordkeepers. We call them “Wingmen” because if they are doing... READ MORE
By Nevin E. Adams, JD | 9/11/2019
Fiduciary defendants in an excessive fee suit have asked for a dismissal based on an arbitration agreement signed by the plaintiff. Greystar Management Services LP has asked a federal court in Texas to dismiss the suit brought by former employee Sonia Torres. Torres filed suit in May, alleging the... READ MORE

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