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Nevin E. Adams, JD

By Nevin E. Adams, JD | 9/5/2023
It’s hard for me to believe that next week we’ll mark the 22nd anniversary of the 9/11 attacks.  Harder still to comprehend that there are individuals now in the workplace who weren’t even alive on that day, and others so young that they have no memory of it. Other significant dates on the... READ MORE
By Nevin E. Adams, JD | 9/5/2023
A federal magistrate judge—who has been tasked with a number of recommendations regarding dismissals of late—has recommended that an excessive fee suit be dismissed, this one with prejudice. In outlining the controversy (Genna B. Laabs v. Faith Technologies Inc. et al., case number 1:20-cv-01534,... READ MORE
By Nevin E. Adams, JD | 9/1/2023
Well, here we are again at the end of yet another workweek—and another month…and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… In Halton, Canada (near Toronto), a pickup truck spilled its cargo here…officers quickly responded…... READ MORE
By Nevin E. Adams, JD | 8/31/2023
A federal magistrate judge has—again—recommended tossing an excessive fee suit against a $4 billion 401(k) plan—this time with prejudice. While the recommendation still requires the signoff of a district judge, U.S. Magistrate Judge Stephen C. Dries—who considered the case last November and... READ MORE
By Nevin E. Adams, JD | 8/30/2023
While a federal judge found some merit in the arguments alleging that the Labor Department’s compliance assistance release on cryptocurrency had an impact on a recordkeeper’s business, it wasn’t enough to warrant the relief requested.  The History Back in June 2022, recordkeeper ForUsAll filed... READ MORE
By Nevin E. Adams, JD | 8/29/2023
Pensions were not on my mind in 1974, certainly not on Labor Day of that year.  While I was pondering my new college textbooks (and trying to figure out how I was going to pay for $.55/gallon gasoline), President Gerald R. Ford, less than a month in that role—and, appropriately enough on Labor Day... READ MORE
By Nevin E. Adams, JD | 8/29/2023
In response to a motion to dismiss his suit regarding ESG investments—and ESG-friendly investment managers—in his 401(k), an American Airlines participant has expanded the information in his initial suit—and contradicted the claims of the plan fiduciaries. Participant-plaintiff (and pilot) Bryan P... READ MORE
By Nevin E. Adams, JD | 8/28/2023
The allegations are familiar, as are the attorneys representing the plaintiffs—but this settlement proposal involves more than just money. The proposed settlement comes in an action brought by plaintiffs Sarah Gamble, David Covington, Tansy Wilkerson, and Daisy Santiago (represented by Miller Shah... READ MORE
By Nevin E. Adams, JD | 8/25/2023
Well, here we are again at the end of yet another workweek—and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… You may have missed it, but apparently August 24 is (was?) the day of the year on which Americans are most likely to…call... READ MORE
By Nevin E. Adams, JD | 8/23/2023
Just four years after striking an excessive fee settlement, a fund company has been sued again—and settled again—for allegedly not making the changes to its 401(k) lineup the original settlement contemplated. The defendants in the case are Allianz Asset Management of America (AAM), and the (new)... READ MORE
By Nevin E. Adams, JD | 8/22/2023
One of my favorite parts of the NAPA 401(k) Summit is a comprehensive annual survey we do of advisors in attendance at the Summit I call the Summit Insider. It’s a unique opportunity to get the perspective of hundreds of retirement plan-focused advisors in a unique window of time. A chance, if you... READ MORE
By Nevin E. Adams, JD | 8/21/2023
One of the most-anticipated provisions in the SECURE Act was the advent of a new brand of multiple employer plan—now labeled a pooled employer plan, or PEP.    Created by the SECURE Act in 2019 and first approved for use in 2021, a PEP is a type of 401(k) plan that allows unrelated businesses to... READ MORE
By Nevin E. Adams, JD | 8/18/2023
Well, here we are again at the end of yet another workweek—and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… In Savannah Georgia, apparently the mur.der hornet has a cousin…  Can you get a DUI for riding a horse while drunk?  ... READ MORE
By Nevin E. Adams, JD | 8/17/2023
The third-party administrator, or TPA (bear in mind that a recordkeeper is also a TPA) can be a key advisor ally—or, if expectations aren’t aligned—the bane of a customer relationship. What’s most important in an advisor/TPA relationship? Now, it has been well-established in previous Summit... READ MORE
By Nevin E. Adams, JD | 8/16/2023
Despite “uncertain” claims regarding alleged fiduciary breaches, “thin” methodology, and opinions that bordered on “conclusory,” a federal judge has denied the plan fiduciaries’ motion to dismiss—and set a trial date in an excessive fee suit.    The defendants are the fiduciaries of Genentech’s $7... READ MORE
By Nevin E. Adams, JD | 8/15/2023
An update of a so-called “study” has been making the rounds—again—and its authors have doubled-down (and then some) on the assumptions in an updated version. I’m referring to something called “The True Cost of Forgotten 401(k) Accounts (2023)”—an update to a report circulated about a year ago of... READ MORE
By Nevin E. Adams, JD | 8/14/2023
The fiduciary defendants in another of the BlackRock LifePath target-date fund suits have successfully fended off litigation claiming they chased low fees and disregarded poor performance. The defendants here are the fiduciaries of the Cisco Systems Inc. 401(k) plan (Cisco’s alleged failure of... READ MORE
By Nevin E. Adams, JD | 8/11/2023
Well, here we are again at the end of yet another workweek—and yet, there’s no shortage of…well, just look at what happened to these guys and gals… First, some odds and ends… No matter how badly your day is going…it has to be better than THIS… Ok, talk about your misleading headlines…  The... READ MORE
By Nevin E. Adams, JD | 8/8/2023
A new WSJ op-ed says that 401(k)s “too often lead employees to make financially harmful mistakes.”  And yes, advisors are (apparently) part of the problem. The “problem”—at least according to the op-ed authors is that, left to their own devices participants are said to be inclined to overindulge... READ MORE
By Nevin E. Adams, JD | 8/8/2023
It’s not the first time out for these plaintiffs (Julio C. Alas, Robert J. Bugielski, and Chad S. Simecek), though it is their first win.  They lost twice already at the district court level—once in September 2021 and again back in 2018. (when they had been accorded a chance to “fix” their... READ MORE

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