Nevin E. Adams

A federal magistrate judge has recommended curtailment of a key rollover provision of the Labor Department’s investment advice regulation. The recommendation of U.S. Magistrate Judge Rebecca Rutherford comes in a 75-page “findings, conclusions, and recommendations” in response to a suit filed last... READ MORE

Once again, the nation will celebrate Independence Day—though of course independence didn’t actually occur on July 4. Let’s face it, the Declaration of Independence[1] was little more than that—a declaration. One that had yet to be backed by anything beyond the artfully crafted and narrow... READ MORE

Another target-date fund family has been…targeted…in a fiduciary breach suit that claims plan fiduciaries failed to prudently review—and remove—underperforming target-date funds. The target-date funds in question this time are the JPMorgan SmartRetirement series, while the plans in question are... READ MORE

A participant in yet another mega 401(k) plan claims participants paid nearly twice what they might have for “fungible” recordkeeping services. This time it’s participant-plaintiff Matthew A. Miller[1] positioned as a representative of a Class of Participants and Beneficiaries of the $22 billion... READ MORE

“A father is a man who expects his children to be as good as he meant to be.” – Carol Coats Like many, perhaps most, of you, as a parent I’ve tried to compensate for the ways in which I felt that my parents could have done . . . “better.”  My parents led mostly through example—and powerful as... READ MORE

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

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,[1] led by Texas Attorney General Paxton, said in a January 2023 press release that the 2022 Rule “undermines key protections for... READ MORE

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

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