Skip to main content

You are here

Advertisement

Nevin E. Adams, JD

By Nevin E. Adams, JD | 8/11/2023
Well, here we are again at the end of yet another workweek—and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… No matter how badly your day is going…it has to be better than THIS… Ok, talk about your misleading headlines…  The... READ MORE
By Nevin E. Adams, JD | 8/8/2023
A new WSJ op-ed says that 401(k)s “too often lead employees to make financially harmful mistakes.”  And yes, advisors are (apparently) part of the problem. The “problem”—at least according to the op-ed authors is that, left to their own devices participants are said to be inclined to overindulge... READ MORE
By Nevin E. Adams, JD | 8/8/2023
It’s not the first time out for these plaintiffs (Julio C. Alas, Robert J. Bugielski, and Chad S. Simecek), though it is their first win.  They lost twice already at the district court level—once in September 2021 and again back in 2018. (when they had been accorded a chance to “fix” their... READ MORE
By Nevin E. Adams, JD | 8/7/2023
Defined contribution wholesalers—or as our annual accolade acknowledging the best of this “breed” calls them, “Advisor Allies”—have long been a vital support partner for the nation’s retirement plan advisors. But what support is most valued by advisors?  That said, and from a wide array of... READ MORE
By Nevin E. Adams, JD | 8/7/2023
Plan fiduciaries say that a suit brought by a participant alleging a breach of fiduciary duty by a plan that included ESG options on its menu—and funds managed by ESG-friendly managers—didn’t invest in those options and has no basis for the suit. Participant-plaintiff (and pilot) Bryan P. Spence... READ MORE
By Nevin E. Adams, JD | 8/4/2023
According to Cerulli’s “U.S. Managed Accounts 2022: The Future of Personalized Portfolios,” assets in managed account programs—including retail accounts—grew nearly 24% in 2021, reaching a high of $10.7 trillion. But how do advisors view the future of these structures?  Certainly these structures... READ MORE
By Nevin E. Adams, JD | 8/4/2023
Well, here we are again at the end of yet another workweek—and the beginning of a brand-new month—and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… ‘Devil Comet’ Heading Straight Toward Earth… “toward” being the operative word in... READ MORE
By Nevin E. Adams, JD | 8/2/2023
Yet another fund provider has found itself in the crosshairs of a participant-plaintiff suit from their own 401(k) plan. The plaintiffs here are Amber Colston, Willis Bramwell and Roseann Blessing who are bringing suit on behalf of the nearly $800 million, 3,500 participant Ameritas 401(k)... READ MORE
By Nevin E. Adams, JD | 8/1/2023
I’ve been getting a lot of … comments … of late about my version of “retirement.” I heard it both a couple of weeks back speaking at an event sponsored by The Standard—and again last week at the NAPA DC Fly-In Forum—that I was setting a poor example for retirement aspirations (all good-natured,... READ MORE
By Nevin E. Adams, JD | 8/1/2023
Another federal court has found that plaintiffs failed to allege “sufficient facts from which the Court could plausibly infer” that recordkeeping fees were excessive relative to the services provided, or made imprudent investment decisions. The plaintiffs here are current and former employees of... READ MORE
By Nevin E. Adams, JD | 7/31/2023
Regardless of plan sponsor sentiment, there’s also a pretty consistent understanding that advisors will wind up playing an essential role in overcoming the traditional objections to these solutions. So, we asked advisor attendees at the 2023 NAPA 401(k) Summit—our Summit “Insiders”—what, in... READ MORE
By Nevin E. Adams, JD | 7/28/2023
Well, here we are again at the end of yet another workweek—and (nearly) another month—and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… In Anchorage, Alaska, some tense moments on a paddleboard…  So, Jack Dorsey’s first tweet (in... READ MORE
By Nevin E. Adams, JD | 7/28/2023
A shift in precedent has lowered the bar to establish a plausible argument sufficient to overcome a motion to dismiss—and plaintiffs in yet another case are getting another shot at proceeding to trial. We recently covered the recommendation of a magistrate judge in a case involving the Prevea... READ MORE
By Nevin E. Adams, JD | 7/27/2023
A federal magistrate judge has recommended that a pair of excessive fee suits—previously dismissed for failure to state a plausible claim—be given another chance based on a new standard. The separate suits were brought[i] against the fiduciaries of the plans at ThedaCare, Inc. and Prevea Clinic,... READ MORE
By Nevin E. Adams, JD | 7/25/2023
It’s widely said that 10,000 Boomers are heading into retirement every day—and survey after survey indicates that they are interested in some kind of “solution” to provide a dependable stream of income. But what about advisors?  There remains a traditional reluctance to bring those solutions “... READ MORE
By Nevin E. Adams, JD | 7/24/2023
A federal appellate court has held that a plan’s adoption of an arbitration agreement is sufficient to require a class action suit on behalf of the plan to those terms. The suit was filed in mid-May 2020 in the U.S. District Court of the District of New Jersey against the fiduciaries of the $4.4... READ MORE
By Nevin E. Adams, JD | 7/24/2023
So, what did you want to be when you grew up? Now, I realize that some of you are still growing up—but I’ve never met ANYONE who said “I wanted to work with retirement plans”—and that includes me.  Indeed, what we aspire to become in our youth is complex—and often shaped by our experience(s) at... READ MORE
By Nevin E. Adams, JD | 7/21/2023
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… In Duvall, Washington, law enforcement responded to a call…from a driver who said he couldn’t deliver a package because of an obstacle in the road…to... READ MORE
By Nevin E. Adams, JD | 7/21/2023
A new excessive fee suit challenges the imprudent selection of share classes, the poor selection of a stable value offering AND exorbitant recordkeeping fees. Here we have one participant-plaintiff Robert  Humphries suing based on the actions (or lack thereof) of the fiduciaries of the $700... READ MORE
By Nevin E. Adams, JD | 7/19/2023
A federal appellate court has backed the ruling of a lower court, finding that a 401(k) plan’s investment consultant acted prudently, and in the interests of participants in decisions regarding a proprietary CIT. The former participant/plaintiff here (one Benjamin Reetz) claimed that the... READ MORE

Pages

Advertisement