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Litigation

BY Nevin E. Adams, JD | 3/22/2022
The law firm of Schlichter Bogard & Denton has a new target—with some familiar accusations. This time (Mills v. Molina Healthcare, Inc., C.D. Cal., No. 2:22-cv-01813, complaint 3/18/22) they... Read More
BY Ted Godbout | 3/17/2022
In a win for independent financial advisors, a federal district court has ordered the reinstatement of a Trump-era rule on independent contractors, ruling that the Biden-led Department of Labor... Read More
BY Nevin E. Adams, JD | 3/17/2022
In an effort to “cater to its retirement plans,” Vanguard has triggered an “elephant stampede”—and a lawsuit. There have been several target-date fund lawsuits of late—but this one came from a... Read More
BY Nevin E. Adams, JD | 3/16/2022
A suit involving excessive fee allegations regarding a $15 billion plan has come to terms with a unique settlement structure. The History Back in June 2020, the $15 billion Costco 401(k)... Read More
BY Nevin E. Adams, JD | 3/15/2022
A new 401(k) suit has been filed—with a participant-plaintiff charging an employer with failing… to let him save as much as he wants to. That’s right—one Lance Baird has accused his employer Hyatt... Read More
BY Nevin E. Adams, JD | 3/14/2022
Another suit has been filed in federal court challenging long-standing practices regarding licensing fees regarding the use of CUSIP numbers. The latest suit was filed March 7 in the Southern... Read More
BY Nevin E. Adams, JD | 3/7/2022
A group of workers who accused their employer of using financial penalties to force participation in a workplace wellness program have come to terms with a financial settlement and modifications to... Read More
BY Nevin E. Adams, JD | 3/7/2022
A class-action complaint was filed last week in the Southern District of New York that could have a ripple effect on the retirement industry’s infrastructure, and, at least potentially, the costs of... Read More
BY Nevin E. Adams, JD | 3/3/2022
Capozzi Adler has struck another excessive fee settlement with a billion-dollar plan. This suit was filed by participant-plaintiffs Craig Parmer and Mark A. Laurance against the fiduciaries of the... Read More
BY Nevin E. Adams, JD | 3/2/2022
With a filing date looming, the parties in another excessive fee suit have announced a settlement.  The announcement came in a suit (Latasha Davis et al. v. Washington University in St. Louis... Read More
BY Nevin E. Adams, JD | 3/1/2022
Despite a request—and an apparent consideration of that request—the nation’s highest court has decided not to take on a case challenging the CalSavers state-run IRA program for private sector workers... Read More
BY Nevin E. Adams, JD | 2/24/2022
A settlement has been struck in an excessive fee suit—a little more than a year after the suit was filed. The Background The suit—filed in the U.S. District Court for the Western District of... Read More
BY Nevin E. Adams, JD | 2/24/2022
After what seems a brief respite, another multibillion-dollar 401(k) has been targeted with an excessive fee suit. The plaintiffs here—Keith K. Kruchten, Angel D. Muratalla and William Begani—are... Read More
BY Nevin E. Adams, JD | 2/18/2022
A $14 million excessive fee settlement has been approved by a federal judge, though there was an objection raised by one of the members of the participant class. U.S. District Judge Charles R.... Read More
BY Nevin E. Adams, JD | 2/10/2022
Last week, a group representing advisors who sell annuities challenged the legality of the fiduciary rule in federal court—and now a second suit filed in a different federal court accuses the Labor... Read More
BY Nevin E. Adams, JD | 2/7/2022
Another excessive fee suit targets recordkeeping fees, actively managed funds, and a custom target-date fund series. The suit here (Locascio v. Fluor Corp., N.D. Tex., No. 3:22-cv-00154, complaint... Read More
BY Nevin E. Adams | 2/3/2022
Noting that “pouring the same old wine into a new bottle does not change the result,” a new lawsuit seeks to vacate the Labor Department’s fiduciary rule as expressed in PTE 2020-02. The suit—... Read More
BY Nevin E. Adams | 2/1/2022
Looks like those hoping for some clarity on a threshold issue involving ERISA fee litigation will have to wait for another day. I’m referring, of course, to last week’s ruling by the Supreme Court... Read More
BY Nevin E. Adams | 1/31/2022
The ink was barely dry on the Supreme Court’s recent ruling in an excessive fee case—and a federal judge who “…been awaiting the Supreme Court’s decision in Hughes v. Northwestern University,”... Read More
BY NAPA Net Staff | 1/27/2022
In their first episode of 2022, American Retirement Association Chief Content Officer Nevin Adams & Faegre Drinker Biddle & Reath LLP Partner Fred Reish (a.k.a. Nevin & Fred) discuss the... Read More
BY Nevin E. Adams | 1/25/2022
In a ruling likely to make it harder—perhaps much harder—to dismiss excessive fee lawsuits, the U.S. Supreme Court has remanded for further consideration a lower court decision that had favored the... Read More
BY Nevin E. Adams, JD | 1/21/2022
(Yet) another excessive fee suit has been filed against a billion dollar 403(b) plan by the Capozzi Adler law firm. Filing suit as participants (and former employees) of the Boston Children’s... Read More
BY Nevin E. Adams, JD | 1/21/2022
The addition of an arbitration clause has—for the moment, anyway—paused an excessive fee suit. But what’s interesting is how the court applied the terms of that clause.  The suit ... Read More
BY Nevin E. Adams, JD | 1/19/2022
Capozzi Adler PC[i] has found another target for excessive fee claims—and this one is a $10 billion 403(b) plan. This time the defendants are the fiduciaries (and those who appointed them) of... Read More
BY Nevin E. Adams, JD | 1/18/2022
Another fiduciary breach suit has been filed involving a series of target funds with a short, and allegedly poor, track record. This time it’s participant-plaintiff Joanna P. Mattson bringing... Read More

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