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Nevin E. Adams, JD

By Nevin E. Adams, JD | 8/16/2019
The defendants in an excessive fee suit managed to prevail on most – but not all – of their motions for summary judgment, and exclusion of expert witness testimony. The plaintiffs in this case (Marshall v. Northrop Grumman Corp., C.D. Cal., No. 2:16-cv-06794, complaint filed 9/9/16), seven former... READ MORE
By Nevin E. Adams, JD | 8/16/2019
Many factors go into decisions about advisor practices – knowledge, experience, personal preferences, client needs and even organizational guidelines (restrictions?). What are the “norms” for NAPA-Net readers? We started with investment menus – and asked readers how many different version(s) they... READ MORE
By Nevin E. Adams, JD | 8/15/2019
The U.S. Solicitor General has weighed in with the Supreme Court on a case involving where, and how, to draw the line between the obligations of corporate officials and ERISA plan fiduciaries. That line – contained in an amicus brief to the justices of the U.S. Supreme Court – was drawn pretty... READ MORE
By Nevin E. Adams, JD | 8/15/2019
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 Warrenton, Oregon, apparently Pokemon Go is still, well – going… and it perhaps shouldn’t come as a surprise that someone would be playing while driving… or that law... READ MORE
By Nevin E. Adams, JD | 8/13/2019
We really hadn’t been focused on making a change, though the subject had come up from time to time.  In fact, considering how long we had been thinking about making a change without actually doing anything about it, the change itself felt almost accidental in its suddenness. So sudden, in fact,... READ MORE
By Nevin E. Adams, JD | 8/13/2019
The latest excessive fee litigation claims that, “after driving the retirement savings of thousands of Intel employees into the ditch, the Investment Committee turned the keys of the wreck over to someone else.” Plaintiff (and former Intel employee) Winston Anderson has alleged (Anderson v. Intel... READ MORE
By Nevin E. Adams, JD | 8/12/2019
Advisors might be most concerned about client retention – but what are those clients concerned about? Advisors participating in the nation’s retirement plan advisor convention brought a lot to the sessions, networking, and – once again, shared valuable insights via an exciting new medium: the NAPA... READ MORE
By Nevin E. Adams, JD | 8/12/2019
Many factors go into decisions about advisor practices – knowledge, experience, personal preferences, client needs and even organizational guidelines (restrictions?). But how do yours compare with other advisors? This week, we’re launching a Reader Poll series on business practices – your... READ MORE
By Nevin E. Adams, JD | 8/12/2019
A $10 billion 401(k) plan has been sued for breach of fiduciary duty for selecting – and keeping – an underperforming target-date fund family on its fund menu. The plaintiffs here (Chandra V. Brown-Davis, Yolanda Brown, Ronald Dinkel, Siobhan E. Fannin, Daphne G. Jacob, Kristie Kolacny, Dianna J.... READ MORE
By Nevin E. Adams, JD | 8/9/2019
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 Arlington, Virginia, it appears that the Arlington Transit system isn’t quite ready for driver-less buses…  Hey, the World Wide Web just celebrated its “birth”day –... READ MORE
By Nevin E. Adams, JD | 8/9/2019
With a week’s worth of voting and 1,300 votes, some interesting trends are (already) emerging… There are currently more than 100 topics in the database – and roughly a quarter have been added as suggestions by readers since the poll opened on Monday. At the end of Week #1, the top trending topics... READ MORE
By Nevin E. Adams, JD | 8/8/2019
Sir Isaac Newton’s Third Law of Physics says that, “for every action there is an equal and opposite reaction.” That also apparently applies to ERISA litigation. On August 5, the law firm of Schlichter Bogard & Denton, LLP filed papers opposing a motion by fiduciary defendants of the MIT... READ MORE
By Nevin E. Adams, JD | 8/7/2019
While disputing allegations and denying liability, plan fiduciaries have announced the second largest monetary settlement to date regarding a university retirement plan. This settlement – for $14,000,000 – involves the $4.3 billion Johns Hopkins University 403(b) Plan, a suit brought by the law... READ MORE
By Nevin E. Adams, JD | 8/6/2019
Do plan sponsors really know what participants want?  Back in the early 1990s, there was a very popular “self-help” book on relationships titled “Men Are From Mars, Women Are From Venus.” The basic premise, of course, was that men and women have different means and styles of communication – that,... READ MORE
By Nevin E. Adams, JD | 8/6/2019
The Department of Justice has asked a federal court to hold off ruling on a suit challenging California’s auto-IRA program for private sector workers. The suit in question is a challenge by the Howard Jarvis Taxpayers Association, claiming that the California Secure Choice Retirement Savings Trust... READ MORE
By Nevin E. Adams, JD | 8/5/2019
Advisors had a lot to say in our second annual survey of NAPA 401(k) SUMMIT advisors. Advisors participating in the nation’s retirement plan advisor convention brought a lot to the sessions, networking, and – once again, shared valuable insights via an exciting new medium; the NAPA 401(k) SUMMIT... READ MORE
By Nevin E. Adams, JD | 8/5/2019
A “third party administrator fee” was used to skim more than $3.3 million from employees’ paychecks. From 2013 through 2017, some 300 workers at Plainville, CT-based Ferguson Electric and Ferguson Mechanical Ferguson had deductions of some $1.60 to $3.15 per hour taken from their fringe benefits... READ MORE
By Nevin E. Adams, JD | 8/5/2019
The NAPA 401(k) Summit is a unique event – truly built by retirement plan advisors for retirement plan advisors – and this is how it starts. We’ve got an amazing location – Orlando, Florida/Universal Studios – and the dates – April 26-28, 2020. As is our custom, we’ve loaded a starter set of... READ MORE
By Nevin E. Adams, JD | 8/2/2019
While a plan audit – and plan auditor selection – is not generally considered a central part of the plan services on which advisors are typically focused, perhaps it should be. This week, we asked NAPA-Net readers about their experience(s) – and learned a lot! Consider that this is not only a... READ MORE
By Nevin E. Adams, JD | 8/1/2019
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 Irvine, California, an unnamed 19-year-old driver was arrested on a DUI charge… Not only was there little doubt as to the violation, law enforcement officials didn’t... READ MORE

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