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Nevin E. Adams, JD

By Nevin E. Adams, JD | 5/8/2019
A $24 million settlement – including an $8 million attorneys’ fee for plaintiffs’ counsel – has been approved in an excessive fee suit. Judge Catherine C. Eagles of the U.S. District Court for the Middle District of North Carolina signed the final approval order in the case involving BB&T and... READ MORE
By Nevin E. Adams, JD | 5/7/2019
The 2019 Retirement Confidence Survey (RCS) found a continued increase in retirement confidence – but some were more likely to be confident than others.  Confidence about retirement is one thing, of course, and preparation something else, though the two are logically intertwined. That said, for... READ MORE
By Nevin E. Adams, JD | 5/7/2019
The successful appeal of an excessive fee suit dismissal has triggered a review of another decision. The suit, involving the University of Pennsylvania Matching Plan, was given new life following an appellate court’s remand following dismissal by the district court. In 2015, Investment manager... READ MORE
By Nevin E. Adams, JD | 5/6/2019
“In the interest of efficiency and to avoid wasting the resources of the Court and the parties,” just five days before their trial date, the parties in an excessive fee suit have come to terms. This time it’s the investment advisor to the plan AON Hewitt Investment Consulting, Inc. – and their... READ MORE
By Nevin E. Adams, JD | 5/3/2019
A reader notes, “the MEP topic at the NAPA 401(k) Summit sparked some interesting discussion among advisors during the peer session” – and did so again in this week’s NAPA-Net Reader Poll. MEPs, or multiple employer plans – more specifically “open” MEPs – have long been touted as at least a... READ MORE
By Nevin E. Adams, JD | 5/3/2019
The plaintiffs in an excessive fee case have managed to keep their case alive on appeal – in a case that also has an intriguing dissenting opinion. The suit was not only one of the first of the university 403(b) excessive fee suits to be filed, the district court decision, in favor of the... READ MORE
By Nevin E. Adams, JD | 5/2/2019
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 Millbrook, Alabama, Amber Lewis, 33, called police to report a burglary in progress at her home… except, as it turns out, there was no burglar… but you’ll never... READ MORE
By Nevin E. Adams, JD | 4/30/2019
Plan sponsors often gloss over the reality that they are ERISA fiduciaries – or think that if they have hired an advisor, they’ve basically hired a stand-in for that responsibility. But there’s another mistake that even the most well-intentioned make – with remarkable frequency, based on what I... READ MORE
By Nevin E. Adams, JD | 4/30/2019
Plan sponsors and service providers already take seriously their responsibilities to protect participant data, but where are the lines of responsibilities and accountability in the event of a breach? That was the focus of a workshop at the Plan Sponsor Council of America’s 2019 National Conference... READ MORE
By Nevin E. Adams, JD | 4/29/2019
The Labor Department isn’t letting its Association Health Plan rule go down without a fight. On Friday, the Labor Department filed notice that it intends to appeal a March ruling by U.S. District Judge John Bates to the United States Court of Appeals for the District of Columbia. A month ago... READ MORE
By Nevin E. Adams, JD | 4/29/2019
A reader notes, “the MEP topic at the NAPA 401(k) Summit sparked some interesting discussion among advisors during the peer session” – and wonders if advisors see their emergence as a threat to your business. Well, do you? MEPs, or multiple employer plans – more specifically “open” MEPs – have... READ MORE
By Nevin E. Adams, JD | 4/29/2019
A federal court has weighed in on a new lawsuit alleging mismanagement of a 401(k) plan – and the role of the plan advisor regarding target-date fund recommendations. In another case where the plaintiffs are represented by Schlichter Bogard & Denton LLP, Judge William J. Martinez in the U.S.... READ MORE
By Nevin E. Adams, JD | 4/25/2019
While it’s unlikely to be “two for the price of one,” with a trial date looming, the parties in an excessive fee suit have come to terms – on two separate cases. Safeway Inc. has settled two proposed class actions regarding its 401(k) plan just two weeks before the trial date. In one, Safeway and... READ MORE
By Nevin E. Adams, JD | 4/25/2019
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 Oxford, Iowa, Timothy Hora has been charged with five counts of arson and public intoxication… following a month-long arson investigation… which determined that... READ MORE
By Nevin E. Adams, JD | 4/25/2019
A new survey finds a massive shift in sentiment toward retirement income solutions. But among NAPA-Net readers, has that trend piqued interest – or just peaked? The survey – of the “largest and mid-sized 401(k) consultants and advisors” – was reported by fixed income money manager PIMCO. It claims... READ MORE
By Nevin E. Adams, JD | 4/23/2019
It’s said that change is good – and, according to new research, that also applies to 401(k) investment menus. A new report from Morningstar Research finds “evidence that fund replacements provide significantly higher risk-adjusted returns than the funds that were replaced,” going on to state that... READ MORE
By Nevin E. Adams, JD | 4/23/2019
In a major victory for the advocacy efforts of the American Retirement Association, new rules under the IRS’ Employee Plans Compliance Resolution System (EPCRS) will make it easier – and less costly – to fix certain operational issues without the need for an IRS filing or payment of a user fee. ... READ MORE
By Nevin E. Adams, JD | 4/23/2019
Over the past decade and change, there have been a number of high-profile excessive fee suits brought against retirement plan fiduciaries, notably the plan committees that oversee these programs. Here’s what your plan committee members should know. 1. Why they are a member of the committee. Today... READ MORE
By Nevin E. Adams, JD | 4/23/2019
After extensive litigation, lengthy discovery, and protracted arm’s-length negotiations with the assistance of a national mediator, the parties in an excessive fee suit have announced the terms of their settlement agreement – and once again, it's about more than lost money. Specifically,... READ MORE
By Nevin E. Adams, JD | 4/22/2019
The nation’s highest court just took a step towards considering review of a case with significant implications for the burden of proof in ERISA lawsuits. The suit, Brotherston v. Putnam Investments, LLC, was filed in 2017 by participants in the Putnam Investments plan who alleged that the... READ MORE

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