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Fiduciary Governance

BY NAPA Net Staff | 5/25/2023
Retirement Clearinghouse, a Charlotte, NC-based firm, which helps to automatically move participant’s retirement account balances from a former employer to their new employer, has notified... Read More
BY Steff Chalk | 5/5/2023
Having engaged plan fiduciaries who are aware of their roles and responsibilities—and who want to serve in that capacity—is an important key to avoiding litigation and addressing today’s staffing... Read More
BY NAPA Net Staff | 3/20/2023
Listen on iTunes | Listen on Spotify | Listen on Google Podcasts Fiduciary tort terror Jerry Schlichter and top ERISA attorney Tom Clark join American Retirement Association CEO Brian Graff... Read More
BY NAPA Net Staff | 3/9/2023
In this podcast episode Nevin (Adams) & Fred (Reish) take a look at the new litigation landscape for ERISA plans, including an update on suits involving the BlackRock LifePath target-date funds,... Read More
BY John Sullivan | 2/13/2023
A financial services trade group prevailed Monday in a key portion of its suit against the Department of Labor's fiduciary guidance involving rollovers. The United States District Court’s Middle... Read More
BY John Sullivan | 1/20/2023
Efforts by proponents to carve out an exemption to a Nevada state fiduciary law for ERISA-covered retirement plan advisors continued this week, with the American Retirement Association (ARA)... Read More
BY John Iekel | 10/18/2022
Cyber criminals are creative and resourceful — and they’re not just after bank accounts. Industry experts in a recent webinar cautioned that retirement plans are in their sights as well.  “... Read More
BY Nevin E. Adams, JD | 9/22/2022
You know, there’s an old saying that when you assume… well, that applies double (and then some) to ERISA plan fiduciaries. In this episode, Nevin (Adams) and Fred (Reish) discuss five—with reminders... Read More
BY Steff Chalk | 9/14/2022
Diversification among individual securities does not guarantee specific investment returns, nor does it guarantee a profit or prevent a loss. Security diversification does, however, help to balance... Read More
BY Nevin E. Adams, JD | 9/2/2022
There are plenty of cautionary tales about beneficiary designations and unintended consequences—here’s another. It seems that Sally A. Hogen made contributions to a 401(k) plan during her... Read More
BY Nevin E. Adams, JD | 8/23/2022
There’s an old saying that when you assume… well, here are some assumptions that can create real headaches for retirement plan fiduciaries. Assuming that the worst-case deadline for depositing... Read More
BY NAPA Net Staff | 6/30/2022
A hack of a New Jersey-based employee benefit and payroll management company serves as a powerful reminder of the need to secure those online participant accounts. A Maryland man was indicted on... Read More
BY Nevin E. Adams, JD | 6/29/2022
The Labor Department is pushing back against litigation challenging specific elements of its FAQs regarding the fiduciary rule. The suit (Am. Sec. Ass’n v. U.S. Dep’t of Labor, M.D. Fla... Read More
BY Steff Chalk | 6/29/2022
One question often asked of plan fiduciaries by advisors attempting to learn what’s on their minds is: What keeps you up at night when you think about your retirement plan? Interviews and... Read More
BY Michael P. Barry | 5/25/2022
Editor’s note: This is the second in a two-part series. The first installment appeared here. In my last column, I argued that when ERISA diversification requirements are met, the only remaining... Read More
BY NAPA Net Staff | 5/20/2022
Do you know the three kinds of people who work with retirement plans—and the seven things they should know? When it comes to workplace retirement plans, there are three kinds of people: people... Read More
BY Ted Godbout | 3/31/2022
The Bay State’s fiduciary rule encountered a major setback when a Massachusetts judge on March 30 invalidated the March 2020 rule that imposed a heightened fiduciary conduct standard on broker... Read More
BY Richard Clarke | 3/29/2022
Confusion about insurance and personal liability is normal and to be expected in commercial insurance coverages. At the top of the list about which to be confused is the insurance associated with the... Read More
[Editor’s Note: This is the first of a two-part series.] With millions of dollars in assets—as well as extensive and sensitive participant data—ERISA-covered plans will always be a target for... Read More
BY NAPA Net Staff | 3/24/2022
A hot topic of conversation of late has been cryptocurrency—and just as it seemed to be making some inroads on some 401(k) platforms… …the Labor Department jumped in with something called a... Read More
BY Ted Godbout | 1/7/2022
Against a backdrop of record-setting litigation and workforce management challenges, many retirement plan committees are asking what steps they can take to put participants on a path to creating a... Read More
BY Nevin E. Adams, JD | 10/26/2021
  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—and, for plan sponsors, and those who support them, a good... Read More
BY Nevin E. Adams, JD | 10/21/2021
Fiduciary liability insurers have apparently taken note of the recent surge in excessive fee suits—and are now making pointed inquiries based on the plaintiffs’ bar’s playbook. This “new”[i] ... Read More
BY NAPA Net Staff | 9/29/2021
Being a plan fiduciary is a tough job—and one that, it’s probably fair to say—is underappreciated, if not undercompensated.   This week Nevin and Fred focus on five key missteps that... Read More
BY Nevin E. Adams, JD | 9/28/2021
There is frequently a difference between doing what the law requires and doing everything that you could do as a plan fiduciary. That said, there are things that plan fiduciaries must do—and things... Read More