Skip to main content

You are here

Nevin E. Adams

Capozzi Adler PC has found another $1 billion 401(k) plan with “astronomical” fees in which “high recordkeeping fees” and underperforming target-date funds left participant accounts “languishing” in the plan. The target this time is Marmon Holdings, Inc., a Berkshire Hathaway company, which... READ MORE
The fiduciaries of yet another multi-billion dollar 401(k) has been sued for an alleged breach of its fiduciary duty—ostensibly for causing the plan to pay “unreasonable and excessive fees for recordkeeping and other administrative services”—including a new type of allegation. This time it’s the... READ MORE
A federal appellate court says that the Labor Department is allowed to pursue its inquiry into the cybersecurity practices at a large recordkeeper. Judge Michael B. Brennan (joined in the opinion by Judges Frank H. Easterbrook and Ilana D. Rovner) of the U.S. Court of Appeals for the Seventh... READ MORE
The flurry of lawsuits unleashed on holders of the BlackRock LifePath target-date funds is not without precedent — but it’s surely a head scratcher. I’m referring, of course, to the recent swarm of lawsuits challenging nearly a dozen of the nation’s largest 401(k) plans and their decision(s) to... READ MORE
As if there wasn’t enough to worry about regarding retirement—a new research paper suggests we’re not worrying about the “right” things. More precisely, that paper, published by the Center for Retirement Research at Boston College, was titled, “How Well Do Retirees Assess the Risks They Face in... READ MORE
A federal judge has affirmed a $1.5 million judgment against Schlichter Bogard & Denton LLP and Schneider Wallace Cottrell Konecky LLP for their role in bringing a “reckless” excessive fee suit. Back in September 2020, determining that the decision to pursue litigation was “objectively... READ MORE
L Brands, parent company of Bath & Body Works has come to terms with the plaintiffs in a 401(k) excessive fee suit.  The suit—which had been filed in late 2020 by Shepherd, Finkelman, Miller & Shah LLP and Goldenberg Schneider LPA on behalf of participants in the $1.5 billion plan—had... READ MORE
Another large 401(k) plan has been sued for a breach of fiduciary duty involving excessive fees for recordkeeping—and managed account services it says were worth nothing. This one has been filed in the US District Court for the Northern District of Illinois by one Ryan K. Gosse, individually and... READ MORE
By some accounts, I recently spent a week in “retirement” — driving around sightseeing, reading some good books, hanging out with family, and yes — even walking on a beach. And I have to tell you — if that was retirement, I don’t know how I’m going to afford it. Now, I realize that isn’t the... READ MORE
Claiming that the plan fiduciaries “…employed a fundamentally irrational decision?making process (i.e., inconsistent with their duty of prudence) contrary to basic economics and established investment theory”—a new suit involving the BlackRock LifePath target-date funds has been filed. The suit—... READ MORE
In a case that has lumbered around since a 2017 embezzlement by Vantage Benefits Administrators, a custodian has finally been able to clear its name. The action followed an Oct. 31, 2017 raid by the Federal Bureau of Investigation on the offices of Vantage Benefits Administrators “amid concerns... READ MORE
Capozzi Adler and Miller Shah have wrested another settlement in an excessive fee suit—in record time. This time it’s the $1.2 billion Rush University Medical Center 403(b) plan—sued by four former workers just a few months ago (Jan. 21, 2022) who has agreed to settle for $2.95 million—as well as... READ MORE
A $5.1 million settlement of a suit involving excessive fee allegations regarding a $15 billion plan with a settlement structure has been approved by the court. The History Back in June 2020, the $15 billion Costco 401(k) plan was sued in the U.S. District Court for the Eastern District of... READ MORE
Another excessive fee suit—heavy on definitions and allegations, including a couple of potshots at the providers involved—has been filed in the U.S. District Court for the District of Minnesota. Minnesota hospital system North Memorial Health Care has been charged (Keller v. N. Mem’l Health Care,... READ MORE
As new rules about rollover disclosures kick in, a new report highlights an often unacknowledged risk of rollovers—high(er) fees. That’s right—a new report from Pew Trusts seems to have stirred up a new awareness of that issue—all this attention just as PTE 2020-02 brings the written requirement... READ MORE
A recent appellate court decision warrants a rethink of an excessive fee suit decision—at least that’s the argument being made by the plan fiduciaries. The suit in question was filed by a group of participant-plaintiffs in the $5.354 billion Humana Retirement Savings Plan (represented by the law... READ MORE
After nearly a year of negotiations (though that’s a pretty short turnaound by some measures), the parties in an excessive fee suit have asked for the court’s approval on a settlement agreement struck by the parties. The plan in question—more specifically the plan fiduciaries—involved are those of... READ MORE
Noting that “precedent has overtaken some of the debates in the case,” a federal appellate court has weighed in on an excessive fee case—affirming the rejection of most, but not all, of the plaintiffs’ claims.   The Case The defendants in this case are the fiduciaries of Cincinnati-based... READ MORE
So, how many 401(k) accounts do you have? At the moment, I have four—one from each of the employers in my career (including this one), all except the first one (that one went for law school and a house downpayment). Apparently I’m not alone. A recent survey of Plan Sponsor Council of America... READ MORE
An ex-participant whose 401(k) account was drained of some $750,000 by a “fraudster” has filed suit against the plan fiduciaries, the recordkeeper and the trustee for alleged breaches of fiduciary duty in not preventing the theft. The participant-plaintiff here is one Paula Disberry, who worked... READ MORE

Pages