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Nevin E. Adams, JD

By Nevin E. Adams, JD | 10/25/2019
The 2019 Fall Classic is underway – so how are NAPA-Net readers feeling about the outcome? Well, the Washington Nationals are up 2 games to 0 over the Houston Astros, and while the series is far from over, at the moment a majority of NAPA-Net reader poll respondents are surely disappointed; 56%... READ MORE
By Nevin E. Adams, JD | 10/24/2019
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 Fayetteville, Arkansas, Megan Osborne, 38, and Jordan Trujillo, 28, and their unnamed roommate apparently had some form of disagreement… which, apparently, resulted... READ MORE
By Nevin E. Adams, JD | 10/22/2019
A new report by Alight Solutions, LLC reveals some eye-opening findings about how some 2.5 million target-date fund investors are saving – and investing. The report, titled five surprising facts about target-date funds, winds up being a report perhaps more aptly titled “five surprising facts about... READ MORE
By Nevin E. Adams, JD | 10/21/2019
And now we know – it will be the Houston Astros against the Washington Nationals in the 2019 World Series. So who – or what – will you be rooting for – or against? As anyone who lives within earshot of the nation’s capital can tell you, the Nationals swept the St. Louis Cardinals in four games to... READ MORE
By Nevin E. Adams, JD | 10/18/2019
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 El Dorado Hills, California, Shaun McGuire, 37, was broke into a home here (that was not his own)… but the really unusual part was how he was dressed…  In Columbus,... READ MORE
By Nevin E. Adams, JD | 10/18/2019
Target-date funds continue to garner a whole new generation of defaulted contribution flows – and yet, interest in, and deployment of, managed account solutions continues to grow. This week, we asked NAPA-Net readers about the balance – and the trends – behind these alternatives. Despite a... READ MORE
By Nevin E. Adams, JD | 10/17/2019
The parties in another excessive fee suit have apparently come to terms – on the day the case was scheduled to go to trial.  At least that’s what a report filed by mediator Margaret Levy suggests. The report, filed on Oct. 16, lists the case as fully settled as of Oct. 15, the date the parties... READ MORE
By Nevin E. Adams, JD | 10/16/2019
The apparent “hack” of a 401(k) participant’s account has led to a suit against the plan sponsor, the recordkeeper and the plan trustee/custodian to recover the stolen funds. The suit claims that in September and October 2016, an unknown person or persons managed to steal plaintiff Naomi Berman’s... READ MORE
By Nevin E. Adams, JD | 10/15/2019
On Ken Fisher, the (ongoing) demise of pensions, a not-so-new push for paper, and a new industry “holiday.”  Speaking ‘Engagement’ By now, you’ve doubtless read (or heard) about the uproar caused by Ken Fisher’s comments at a recent industry conference. You’ve doubtless heard (or read) about the... READ MORE
By Nevin E. Adams, JD | 10/14/2019
Target-date funds continue to garner a whole new generation of defaulted contribution flows – and yet, interest in, and deployment of, managed account solutions continues to grow. Despite a plethora of options, the vast majority of target-date fund assets has wound up in the hands of a small... READ MORE
By Nevin E. Adams, JD | 10/11/2019
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 Hoboken, New Jersey, Nicholas Cutrone, 26, wasn’t trying to go for a record… so he won’t be disappointed to find out he didn’t get one…  In Phoenix, Arizona, an... READ MORE
By Nevin E. Adams, JD | 10/11/2019
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 asked NAPA-Net readers to weigh in. We got a lot of responses this week (that’s what happens when a free registration to the 2020... READ MORE
By Nevin E. Adams, JD | 10/10/2019
A “close call” on a jury trial in an excessive fee suit brought by its 401(k) plan participants has gone Fidelity’s way. The suit was filed by plaintiffs Kevin Moitoso, Tim Lewis, and Mary Lee Torline exactly a year ago (Moitoso v. FMR LLC, D. Mass., No. 1:18-cv-12122, complaint filed 10/10/18) on... READ MORE
By Nevin E. Adams, JD | 10/9/2019
Morgan Stanley has fended off a participant suit that a federal judge described as “opportunistic Monday-morning quarterbacking on the part of lawyers.” In Patterson v. Stanley (2019 BL 384508, S.D.N.Y., No. 1:16-cv-06568-RJS, 10/7/19), U.S. Circuit Judge Richard J. Sullivan, sitting by... READ MORE
By Nevin E. Adams, JD | 10/8/2019
I’ve never had very healthy eating habits – even as a child. And while this wasn’t a concern of mine at the time, my parents were quite insistent that either I start taking vitamins or improve my eating habits. Figuring that it was the lesser of two “evils,” I went for the pill. Well, until I saw... READ MORE
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

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