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Nevin E. Adams

A federal appellate court has backed the dismissal of an excessive fee suit, rejecting the notion that offering actively managed funds—even those with disappointing performance—by itself doesn’t support allegations of a fiduciary breach. Interestingly enough, it’s the first such appellate court... READ MORE
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., No. 8:22-cv-00330, complaint filed 2/9/22) was one of two filed earlier this year challenging the DOL’s... READ MORE
There’s a battle brewing in Battle Creek about excessive recordkeeping and managed account fees. Bradley H. Fleming, a former accountant at Kellogg’s, has sued his former employer, the Kellogg Co., its board of directors, its ERIA finance committee and its ERISA administrative committee claiming... READ MORE
A federal appellate court has backed the dismissal of an excessive fee suit, rejecting the notion that offering actively managed funds—even those with disappointing performance—by itself doesn’t support allegations of a fiduciary breach. Interestingly enough, it’s the first such appellate court... READ MORE
It’s been said that there remains more that unites us than divides us—but that’s not how it feels most days.  However, such times are not all that unusual for this diverse nation. Indeed, if today’s battle lines do seem harsher and more extreme, my sense is that it’s only because they are... READ MORE
A federal judge has ruled that the comparisons put forth as proof of a fiduciary breach were not “meaningful.”  The suit was filed late last year by plaintiff-participants Malika Riley and Takeeya S. Reliford, by and through their attorneys—Carey & Danis, Edelson Lechtzin LLP, and, Capozzi... READ MORE
The latest academic “dig” against 401(k) plans? Vesting schedules. More specifically, firms with a combination of high turnover and vesting schedules, which means that workers are leaving behind employer contributions. Or, in the parlance of these new critics, being “robbed.”  I stumbled across... READ MORE
Last week the Treasury Department’s Social Security Board of Trustees released its annual report in a classic case of good news, bad news. The good news, of a sort, was that the date through which Social Security will be able to pay scheduled benefits was projected to be 2034—and while that’s not... READ MORE
A federal judge has dismissed an excessive fee suit involving a $7.8 billion 401(k) plan, accepting the argument that the participant-plaintiff wasn’t even invested in the funds in question. Mind you, as we’ve noted previously, the legal standard to survive a motion by defendants to dismiss a suit... READ MORE
A federal judge has questioned the wording in a $7 million excessive fee settlement agreement. The suit—filed way back on Valentine’s Day, 2017—involved allegations by a participant in its own plan (and funds), one David G. Feinberg, on behalf of the T. Rowe Price U.S. Retirement Program and all “... READ MORE
A new report entitled “The Missing Middle” by the National Institute on Retirement Security (NIRS) treads some all-too-familiar ground, myopically focusing on one element of the nation’s private retirement system. The articulated concern is, of course, the “middle”—an income grouping for which... READ MORE
In the interests of spurring some discussion (and perhaps a few thousand “clicks”), some thoughts on cryptocurrency and its (current) place within retirement plans. Crypto Is Not ‘a’ Thing First and foremost, “crypto” is not one thing, it’s several “things”—and there’s enough difference in those... READ MORE
The graduates of 2022—well, they’ve been through a lot, arguably more than most—but with any luck at all, the days and years ahead will be brighter.  Life has many lessons to teach us, some more painful than others—and some we’d just as soon be spared. Regardless, if you have a graduate—or if you... READ MORE
How much injury do you need to suffer in order to bring an excessive fee suit? That issue arose in one of a half-dozen cases that had been frozen in place last fall pending the U.S. Supreme Court’s decision in Hughes v. Northwestern University, decided this past January. The case at hand was... READ MORE
The law firm of Schlichter Bogard & Denton has a new target in an excessive fee suit—the plan’s investment advisor. More specifically, plaintiffs Michelle Mills, Coy Sarell, Chad Westover, Brent Aleshire, Barbara Kershner, Paula Schaub, and Jennifer Silva—who just two months ago filed suit[1]... READ MORE
A consulting firm’s data breach has triggered a second class action lawsuit by an affected participant on behalf of a class of some 2,500,000 individuals. The suit, brought by plaintiff Greg Torrano, claims that 2,537,261 individuals signed up for benefits plans through their employers—only to... READ MORE
In less than a year, the law firm of Capozzi Adler has wrested a settlement from a multiple employer plan accused of breaching its fiduciary duties.  The plan in question—more specifically the plan fiduciaries—targeted are those of Nextep, Inc., a professional employer organization (PEO), as well... READ MORE
Springfield, Missouri-based O’Reilly Automotive, Inc. is the latest to draw the attention of the plaintiffs’ bar—or more precisely its $1.1 billion plan and 53,000 participants.  These plaintiffs—represented by Capozzi Adler PC (and FortmanSpann LLC) say that the defendants’ “mismanagement of the... READ MORE
As kids, we often struggle with our parents’ attempts to help us make good choices—and, at least in my family, Mom caught the brunt of all that (at least from me).  We were probably like most families at the time in that we never really talked about money or finance. Doubtless that was in no small... READ MORE
You might think the plaintiffs’ bar would have exhausted the number of $1 billion 401(k) plans to sue—but then you’d be wrong. The latest is healthcare and bioscience company Grifols Shared Services NA—and the fiduciaries of the $1,035,952,055 (as of 2020), 10,550 participant plan who—according to... READ MORE

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