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Nevin E. Adams, JD

By Nevin E. Adams, JD | 6/9/2023
Well, here we are again at the end of yet another workweek—and yet, just look at what happened to these guys and gals… First, some odds and ends… The Russian Ministry of Defense has released a video that it claims shows Ukrainian armored vehicles… including at least one German-made Leopard tank…... READ MORE
By Nevin E. Adams, JD | 6/9/2023
A federal judge has dismissed a multi-billion plan fiduciaries motion to dismiss an excessive fee/fiduciary breach suit.   The defendants in this case—filed in the U.S. District Court for the Eastern District of Michigan in early 2021—are the fiduciaries of the Magna Group of Companies Retirement... READ MORE
By Nevin E. Adams, JD | 6/8/2023
The Department of Labor has pushed back on a lawsuit filed by a coalition of 25 state attorneys general that challenged its so-called ESG regulation. The coalition,[i] led by Texas Attorney General Paxton, said in a January 2023 press release that the 2022 Rule “undermines key protections for... READ MORE
By Nevin E. Adams, JD | 6/6/2023
Back in the middle of the pandemic, my then 91-year-old mother was presented with two options—one a specialist recommended, the other favored by her trusted general practice physician. And of course, it was to be…her decision. This kind of thing happens all the time in the medical field where such... READ MORE
By Nevin E. Adams, JD | 6/5/2023
Transitions to new recordkeeping platforms have been known to result in some bumps along the way—but a new lawsuit charges those overseeing and operating the federal government’s $766 billion Thrift Savings Plan (TSP) with "breaches of fiduciary duties, negligence, unjust enrichment, and breach of... READ MORE
By Nevin E. Adams, JD | 6/5/2023
A participant lawsuit claims that American Airlines has put retirement savings at risk by investing with managers and funds that “pursue leftist political agendas through environmental, social and governance ('ESG') strategies, proxy voting, and shareholder activism.” Participant-plaintiff (and... READ MORE
By Nevin E. Adams, JD | 6/2/2023
Well, here we are again at the end of yet another workweek—and yet, just look at what happened to these guys and gals… First, some odds and ends… In Fort Meade, Maryland, a new Zillow listing for a property for $42,069, but cautioned that “all 15 bathrooms come with sewage issues," the listing... READ MORE
By Nevin E. Adams, JD | 6/2/2023
A suit that claimed a $7.3 billion plan “stocked the Plan’s investment menu with their own proprietary index funds”—while “participants got the short end of the stick” is now seeking class action status. The plaintiffs in this case (Kohari et al. v. MetLife Group Inc. et al., case number 1:21-cv-... READ MORE
By Nevin E. Adams, JD | 5/30/2023
I hadn’t been to the dentist in a long time. A VERY long time. Two weeks ago, and at the encouragement of my wife, I finally went back to the dentist. I hadn’t been since COVID, and that period provided a very good excuse for avoiding that visit. Turns out, I hadn’t been for quite a while before... READ MORE
By Nevin E. Adams, JD | 5/30/2023
A 401(k) excessive fee suit has been given a green light to proceed to trial—relying almost exclusively on the assertions of those bringing suit to establish a “plausible” case for doing so. This suit was brought last October against plan fiduciaries on behalf of the $432 million (14,400... READ MORE
By Nevin E. Adams, JD | 5/26/2023
Well, here we are again at the end of yet another workweek—and yet, just look at what happened to these guys and gals… First, some odds and ends… In Corbin, Kentucky, Michael Schlemmer, was driving on fumes…coasted into a Convenient Food Mart here… with $40 in his pocket…bought $20 worth of gas…... READ MORE
By Nevin E. Adams, JD | 5/24/2023
The parties in a two-year old 403(b) excessive fee suit against a $2.3 billion plan have come to terms.  The suit (Garnick v. Wake Forest Univ. Baptist Med. Ctr., M.D.N.C., No. 1:21-cv-00454, complaint 6/4/21) was filed in June 2021 in the U.S. District Court for the Middle District of North... READ MORE
By Nevin E. Adams, JD | 5/23/2023
When you see a headline that confirms your sense of the world, you’re naturally predisposed to embrace, remember (and these days “share”) it as a validation of what you already perceive reality to be. Indeed, as human beings, we’re drawn to perspectives, surveys, and studies that validate our... READ MORE
By Nevin E. Adams, JD | 5/23/2023
A federal judge has approved the recommendation to certify a class in a proprietary fund suit—determining that even a “well-educated, well-informed, and careful investor”—might lack actual knowledge of fiduciary breaches. The Suit The participant-plaintiff in question here is one Brian Waldner,... READ MORE
By Nevin E. Adams, JD | 5/22/2023
An excessive fee suit has moved past a motion to dismiss—apparently because of a slight shift in its arguments about recordkeeping services. This suit was filed by participant-plaintiff Michael Mazza, a former participant (and senior director of marketing) in the $879 million, 10,205 participant... READ MORE
By Nevin E. Adams, JD | 5/19/2023
Well, here we are again at the end of yet another workweek—and yet, just look at what happened to these guys and gals… First, some odds and ends… In Columbus, Ohio, Harry Blackledge, 53, was recently inducted into the hall of fame. No, not THAT hall of fame. This one.   On Treasure Island,... READ MORE
By Nevin E. Adams, JD | 5/17/2023
Plaintiffs in two of the fiduciary breach suits involving plans that held the BlackRock Lifepath target-date funds have…folded. More specifically, the plaintiffs in cases involving Booz Allen Hamilton and Capital One – that had just last month filed notice of their intent to appeal dismissal of... READ MORE
By Nevin E. Adams, JD | 5/16/2023
This is the time of year when the nation’s graduates line up for accolades (and their diplomas). It is, for them, a beginning—a commencement of a new phase in their life.  But ahead of that, most are given the “opportunity” to hear some words of wisdom and inspiration from an individual that they... READ MORE
By Nevin E. Adams, JD | 5/15/2023
Citing an “unlawful decision to elevate unrelated policy goals over the financial health of the Plans,” a new participant suit has charged three New York plans with jeopardizing the retirement security of plan participants. More specifically, the suit (Wayne Wong v. NYCERS, TRS and BERS) targets... READ MORE
By Nevin E. Adams, JD | 5/12/2023
Well, here we are again at the end of yet another workweek – and yet, just look at what happened to these guys and gals… First, some odds and ends… So, what’s a Zillennial?   In Tokyo, Japan, as concerns about the COVID-19 pandemic fade, people are lining up to take lessons in…what?   Fans of... READ MORE

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