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Nevin E. Adams, JD

By Nevin E. Adams, JD | 11/11/2019
On October 22, the Department of Labor released a proposed rule that would provide the ability to default participants into electronic disclosure of certain required participant documents. This week, we’d like to know what you think, and how you’d improve/modify that proposal, if at all. As... READ MORE
By Nevin E. Adams, JD | 11/8/2019
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)…  Somewhere in China, a Mr. Lv, 24, was suffering a sharp pain inside his ear… and so he asked family members to check it out, and see what they could see… The good news... READ MORE
By Nevin E. Adams, JD | 11/8/2019
A TPA can be a plan advisor’s best friend – and this week, we asked NAPA-Net readers to share their criteria for, and experiences working with, these partners. The “third-party” harkens back to a realization that these firms, as with recordkeepers generally, provide services to a plan sponsor that... READ MORE
By Nevin E. Adams, JD | 11/8/2019
A plaintiff’s request for a rehearing by the full court of an appellate court decision backing an arbitration clause in an ERISA claim – has been rejected. About a month ago, plaintiff Michael Dorman, a participant in the Schwab 401(k) plan who had brought suit against his former employer alleging... READ MORE
By Nevin E. Adams, JD | 11/6/2019
Last June, for the first time in its history, leadership from all five of the American Retirement Association sister organizations was together on a single stage – but that wasn’t the most extraordinary aspect. The event was the Women in Retirement Conference (WiRC) – the combination of two unique... READ MORE
By Nevin E. Adams, JD | 11/6/2019
Today we are proud to announce the nominees for our seventh annual NAPA Top Young Retirement Plan Advisors award. Established in 2014, the list is drawn from nominations provided by NAPA Broker-Dealer/RIA Firm Partners and vetted by a blue ribbon panel of senior advisor industry experts based on a... READ MORE
By Nevin E. Adams, JD | 11/5/2019
You’re part of something special. Not just because you’re in the business of helping Americans prepare for a successful retirement (though that’s also special), not just because you make a difference in the people’s lives (though there’s that) – not even because you’ve stopped here long enough to... READ MORE
By Nevin E. Adams, JD | 11/4/2019
A TPA can be a plan advisor’s best friend. But it’s important to understand the various types of TPAs and how to best leverage them depending on the plan profile and size. The “third-party” harkens back to a realization that these firms, as with recordkeepers generally, provide services to a plan... READ MORE
By Nevin E. Adams, JD | 11/1/2019
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 Watsonville, California, Steven Vitela, 21, was driving his Chevy Tahoe one early Sunday morning recently… when, apparently being somewhat inebriated, he lost control... READ MORE
By Nevin E. Adams, JD | 11/1/2019
Yesterday was, of course, Halloween – but even with 2019 trick-or-treating behind us, we’ve got some good recommendations on movies (and stories) that will have you on the edge of your seat… Most Viewed We started by sharing a loooong list of favorite scary movies – although, oddly, we appear to... READ MORE
By Nevin E. Adams, JD | 10/31/2019
What’s a plan fiduciary to do when a participant’s designated beneficiary is responsible for the participant’s death? That was the case in Estate of Brownell v. Lyczak (D.N.J., No. 18-16803, 10/25/19). As it turns out, on Dec. 30, 2017, Colleen Brownell was killed; on Feb. 1, 2019 the defendant in... READ MORE
By Nevin E. Adams, JD | 10/30/2019
In a case with huge implications for the impact of plan disclosures on starting the clock on the timing of filing suit in ERISA cases, the federal government says that “actual knowledge” means just that. In an amicus brief filed with U.S. Supreme Court, U.S. Solicitor General Noel J. Francisco and... READ MORE
By Nevin E. Adams, JD | 10/30/2019
The terms of an excessive fee settlement are not only the largest to date – once again, they’re about more than money. 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 August 2016 as one of... READ MORE
By Nevin E. Adams, JD | 10/29/2019
Halloween is the time of year when one’s thoughts turn to trick-or-treat, ghosts and goblins, and things that go bump in the night. But what keeps – or should keep – plan fiduciaries up at night? Well, there are the things like… Changing Providers Industry surveys routinely point to a certain... READ MORE
By Nevin E. Adams, JD | 10/29/2019
Yet another financial services firm has been charged with displaying “self-interest and disregard for participants by retaining high-cost, poorly performing proprietary mutual funds in the Plan.” And subsequent menu changes are being touted as evidence that the fiduciaries should have known better... READ MORE
By Nevin E. Adams, JD | 10/28/2019
Thursday is, of course, Halloween – as good a time as any to think about things that go bump in the night – or that make us jump out of our seats. So, of course, it’s time for our annual poll of the scariest movies – and this year, we have a new item to consider. Goodness knows, the Halloween... READ MORE
By Nevin E. Adams, JD | 10/28/2019
In what was described as “an excellent result and in Class members’ best interests,” the parties in an excessive fee suit involving both a 401(k) and 403(b) plan have come to terms. The suit involved the 401(k) and 403(b) plans of Allina Health System, which have nearly $2.3 billion in assets and... READ MORE
By Nevin E. Adams, JD | 10/28/2019
It’s not every day that issues presented by ERISA cases make it to the U.S. Supreme Court – but after more than two years without one, we’ll see three ERISA cases come before the nation’s highest court this term.  Is No (Actual) Harm a Foul? (Thole v. U.S. Bank, N.A.) The first of the cases (... READ MORE
By Nevin E. Adams, JD | 10/25/2019
A new report finds “substantial” demand for CITs, alongside a growing interest in fund classes with no revenue sharing. A new report by Sway Research finds that, asked to rate the demand and need for an array of retirement-specific mutual fund share classes, most asset management firms now feel... READ MORE
By Nevin E. Adams, JD | 10/25/2019
A federal judge has approved a settlement of another of the 403(b) university excessive fee suits. Chief Judge Waverly D. Crenshaw Jr. of the U.S. District Court for the Middle District of Tennessee has signed off (Cassell v. Vanderbilt, M.D. Tenn., No. 3:16-cv-02086, 10/22/19) on the $14.5... READ MORE

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