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Nevin E. Adams, JD

By Nevin E. Adams, JD | 6/20/2019
A plan sponsor fiduciary won their case in court, refuting allegations that they should have removed a fund from the plan’s investment menu. The plaintiff in this case was one Marc J. Muri, an employee of National Indemnity, an insurance provider located in Omaha, Nebraska, and a participant in... READ MORE
By Nevin E. Adams, JD | 6/18/2019
Plaintiffs Melissa Velazquez and Frances Fuentes-Noriega have submitted the terms of a proposed settlement with the court. The parties had announced having come to terms last month – just days before the case was set to go to trial. The original class action suit, filed nearly two years ago,... READ MORE
By Nevin E. Adams, JD | 6/18/2019
A recent headline screamed that 401(k) savings rates have “stagnated” – but that’s missing the point. “Stagnated” in this case apparently means that the average savings rate in 2018 — both employee and employer contributions — was 10.6%, roughly the same as the 10.4% rate reported in the survey in... READ MORE
By Nevin E. Adams, JD | 6/14/2019
We learn much from our parents – and while the lessons aren’t always explicit, and not always attended, this week readers shared a little about the source of those lessons. First, we asked about finance – and a plurality (36%) of this week’s respondents said they learned most about finance from... READ MORE
By Nevin E. Adams, JD | 6/14/2019
An excessive fee suit has been granted class action status in federal court. This time it’s a group of former participants in the JPMorgan Chase 401(k) Savings Plan, a plan that has approximately 266,000 to 300,000 participants and more than $14 billion in assets. Suit ‘Case’ In considering the... READ MORE
By Nevin E. Adams, JD | 6/14/2019
The Securities and Exchange Commission has, of course, finally published a new version of Regulation Best Interest, the new Customer Relationship Summary, and more. This week, we’d like to know: Have you had a chance to read it? Admittedly, these are thick documents, and there’s a lot going on –... READ MORE
By Nevin E. Adams, JD | 6/13/2019
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)…  Near Holly Hill, Florida, one Jesse Estep, 29, approached a mail carrier who was standing by her mail truck… pointed a canister of Mace at her and demanded the keys…... READ MORE
By Nevin E. Adams, JD | 6/11/2019
The headline in a recent New York Times piece cautions that “Confusing Options May Be Coming to Your 401(k). It Could Cost You.”   Those “confusing options”? Retirement income. And, ironically, they might undermine support for the most significant piece of pro-retirement legislation in a decade... READ MORE
By Nevin E. Adams, JD | 6/11/2019
The nation’s highest court has just agreed to consider another ERISA case – this one involving a set of target-date fund investments – more precisely when the clock starts on the statute of limitations to file an ERISA lawsuit. It’s the second ERISA case the Supreme Court will consider this term,... READ MORE
By Nevin E. Adams, JD | 6/10/2019
We learn much from our parents – and while the lessons aren’t always explicit, and not always attended, this week, we’d like to know: Which life lessons did you learn from whom? That’s right – life lessons – about finances, work, relationships – you name it.  Some parents try, others don’t, and... READ MORE
By Nevin E. Adams, JD | 6/10/2019
The same appellate court responsible for an outlier result in an ERISA suit accepted by the nation’s highest court has just ruled on a similar case. The Second Circuit Court of Appeals, in an unpublished decision (O’Day v. Chatila, 2d Cir., No. 18-2621, unpublished 6/7/19) joined by Judges Gerard... READ MORE
By Nevin E. Adams, JD | 6/6/2019
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 North Huntingdon, Pennsylvania, Brandon K. Murphy, 24, was one of several individuals involved in an altercation at a local mall, which culminated in a fight, which... READ MORE
By Nevin E. Adams, JD | 6/6/2019
Lifetime income options have been a hard sell for defined contribution plans – but the SECURE Act and the Senate’s RESA both take steps to improve the odds. This week, we asked NAPA-Net readers about their experience – and expectations. First off, it’s worth acknowledging that in the 2019... READ MORE
By Nevin E. Adams, JD | 6/4/2019
Life has many lessons to teach us, some more painful than others – and some we’d just as soon be spared. But as graduates everywhere look ahead to the next chapter in their lives, it seems a good time to reflect on some lessons learned along the way. It’s handy to know at least a little about... READ MORE
By Nevin E. Adams, JD | 6/4/2019
The U.S. Supreme Court will, once again, take up the issue of where, and how, to draw the line between the obligations of corporate officials and ERISA plan fiduciaries. Specifically, the Supreme Court has now decided (Ret. Plans Comm. of IBM v. Jander, U.S., No. 18-1165, certiorari granted 6/3/19... READ MORE
By Nevin E. Adams, JD | 6/3/2019
Lifetime income options have been a hard sell for defined contribution plans – but the SECURE Act and the Senate’s RESA legislation both take steps to improve the odds. This week, we’d like to know: Will it matter? In the 2019 Retirement Confidence Survey (RCS), three in four survey respondents... READ MORE
By Nevin E. Adams, JD | 6/3/2019
Plan fiduciaries who have already prevailed on most claims in an excessive fee suit have now won their motion on denying plaintiffs a jury trial. In a curt ruling (Troudt v. Oracle Corp., D. Colo., No. 1:16-cv-00175-REB-SKC, 5/30/19), Judge Robert E. Blackburn of the U.S. District Court for the... READ MORE
By Nevin E. Adams, JD | 5/31/2019
There’s that old caution about being a day late, and a dollar short – well, the plaintiffs in an excessive fee suit were two days late – and missed a key date. The plaintiffs here were participants in the Georgetown University 403(b) plan – who had been soundly rebuffed in January by U.S. District... READ MORE
By Nevin E. Adams, JD | 5/30/2019
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 Yarmouth, Massachusetts, officers responding to a report of a BMW driving at a high rate of speed around 7:00 a.m. found Sean Dailey, 36, asleep in the driver’s seat... READ MORE
By Nevin E. Adams, JD | 5/30/2019
For those who thought the notion of a financial transaction tax might be a passing fad, guess again. Presidential aspirant Sen. Bernie Sanders (I-VT) and Rep. Barbara Lee (D-CA) have just introduced the Inclusive Prosperity Act of 2019, along with Sen. Kirsten Gillibrand (D-NY) (also a... READ MORE

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