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Nevin E. Adams, JD

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
By Nevin E. Adams, JD | 5/29/2019
It’s often said that “if at first you don’t succeed, try, try again.” But that didn’t work for the plaintiffs in a suit challenging the use of a money market fund, rather than a stable value option. The plaintiffs here have been “trying” since February 2016, when they, represented by the St. Louis... READ MORE
By Nevin E. Adams, JD | 5/28/2019
A federal judge has given preliminary approval to a $3.45 million settlement of a suit brought against Eaton Vance by a participant in its $434 million plan for allegedly loading up its 401(k) plan with relatively expensive proprietary investment options that performed poorly. The suit, filed in... READ MORE
By Nevin E. Adams, JD | 5/28/2019
Whether you are a Game of Thrones aficionado – or haven’t watched a single episode – there are lessons to be learned nonetheless. Last week I recounted some fiduciary admonitions from the HBO series. Turns out there are words of wisdom for individual retirement savers as well. Check these out. “... READ MORE
By Nevin E. Adams, JD | 5/23/2019
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 Ashland, Wisconsin, law enforcement received a report of a stolen vehicle about 5:43 a.m…. Fortunately, later that day the owner located the vehicle… undamaged…... READ MORE
By Nevin E. Adams, JD | 5/23/2019
As the Memorial Day holiday (and, as tradition holds, summer vacation, generally) approaches, it’s time once again to pick the best song(s) about retirement. We’ve done this for several years now – and each year has brought together a different playlist. So, as you crank up the tunes – in your car... READ MORE
By Nevin E. Adams, JD | 5/21/2019
I was late to the Game of Thrones – and though its final season seems a bit “rushed” – there has been plenty to not only watch, but mull over in its eight-season run. And yet, as the series wound to a close on Sunday night, I kept thinking there were some lessons for retirement amidst the mayhem... READ MORE
By Nevin E. Adams, JD | 5/21/2019
Disqualification of an expert witness “is a drastic measure that courts should impose only hesitantly, reluctantly, and rarely.” Thus begins a rebuttal to an attempt to disqualify well-known ERISA attorney Marcia Wagner as an expert witness in an excessive fee case. The plaintiffs in the case,... READ MORE
By Nevin E. Adams, JD | 5/20/2019
As the Memorial Day holiday (and, as tradition holds, summer vacation, generally) approaches, it’s time once again to pick the best song(s) about retirement. We’ve done this for several years now – and each year has brought together a different playlist. So, as you crank up the tunes – in your car... READ MORE
By Nevin E. Adams, JD | 5/17/2019
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 Key West, Florida, Shonta Bolds, 36, was arrested and charged with assault with a deadly weapon… after an unnamed man reportedly began taking video of her… so, what... READ MORE
By Nevin E. Adams, JD | 5/17/2019
There has been a lot of litigation in recent months alleging excessive fees and an imprudent reliance on proprietary funds by asset manager’s own 401(k) plans. But a new study finds some interesting differences in plan design and participation. The findings are captured in a recent white paper... READ MORE
By Nevin E. Adams, JD | 5/17/2019
The IRS recently made it easier (and less costly) to fix certain operational issues without the need for an IRS filing or payment of a user fee – but will this have an impact on current usage? The vast majority (84%) of this weeks’ respondents said their plan sponsor clients that needed to, did... READ MORE
By Nevin E. Adams, JD | 5/16/2019
Another excessive fee suit settles just ahead of its scheduled trial date. In the latest such settlement, SEI Investments Co. struck a deal that would resolve allegations that the firm filled its 401(k) plan with expensive and poorly performing funds that earned fees for the company and its... READ MORE
By Nevin E. Adams, JD | 5/14/2019
Mothers give us a lot, not the least of which is life itself. But as I was reading through all the accolades on social media over the weekend, I couldn’t help but be reminded of all my mother gave me. As is the case in many families, “Mom” was our family’s CFO. See, like many in his generation, my... READ MORE
By Nevin E. Adams, JD | 5/13/2019
The IRS recently made it easier (and less costly) to fix certain operational issues without the need for an IRS filing or payment of a user fee. This week, a reader asks: “Do your clients use the DOL and IRS correction programs?”  If you missed it, the IRS made it a truly “good” Friday when, in a... READ MORE
By Nevin E. Adams, JD | 5/13/2019
Another fund manager strikes a deal in an excessive fee brought by a former participant – just days before the matter was scheduled to go to trial. This suit involved MFS and its actions as plan fiduciary with its two defined contribution plans. A notice of settlement states that “the parties... READ MORE
By Nevin E. Adams, JD | 5/10/2019
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 Melbourne, Australia, Bradley Vogt, 28, for unknown reasons decided to flood the building where he lived…by opening a fire hydrant…well, more than one fire hydrant,... READ MORE
By Nevin E. Adams, JD | 5/10/2019
Last week Secretary of Labor Alexander Acosta appeared to confirm that the Department of Labor will issue a new fiduciary rule. This week, we asked readers to weigh in on that prospect – and its prospects. Remember that after the 5th U.S. Circuit Court of Appeals struck down the DOL’s previous... READ MORE
By Nevin E. Adams, JD | 5/8/2019
The parties in a suit brought against Eaton Vance by a participant in its $434 million plan for loading up its 401(k) plan with relatively expensive proprietary investment options that allegedly performed poorly have announced the terms of their settlement. The suit, filed in October 2018 in the U... READ MORE

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