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Nevin E. Adams

A 401(k) excessive fee case was dismissed for failing to make a case sufficient to go to trial—but given a chance to remedy that situation. Here plaintiff Lauren Cunningham[1] alleged that the USI Insurance Services defendants failed to prudently and loyally monitor the plan’s RPS expenses, “... READ MORE
For the second time in a month, the Ninth Circuit Court of Appeals has given new life to an excessive fee suit. The suit was filed in late 2019 against fiduciaries of Trader Joe’s Company Retirement Plan by plaintiffs Nicolas R. Marks and Lorri Bowling (both ex-participants) for allegedly “... READ MORE
Thanks to their mother, my kids have grown up with a variety of pets in our house—but none more bizarre than our experience with… a chicken. My son’s elementary school class had been exposed to the miracle of life over the course of several weeks by watching a set of chicks spring forth from eggs... READ MORE
Spurred by the recent cryptocurrency “compliance assistance release,” nearly a dozen industry trade groups—including the U.S. Chamber of Commerce—have expressed concern about “a trend at EBSA away from rulemaking based on a robust notice and comment process.” While the cryptocurrency CAR may have... READ MORE
In the first ruling since the Supreme Court’s Hughes v. Northwestern University decision, an appellate court has resurrected a plaintiffs’ case in an excessive fee case that had been rejected at the district court level. Now, in fairness, the decision (Davis v. Salesforce.com, Inc., 9th Cir., No.... READ MORE
Years back I remember being part of a Q&A with a group of plan sponsors—the focus was the challenge of not only getting, but keeping their plans in compliance, while also looking for creative ways to engage and encourage participants. Then at one point, a tired looking gentleman, expressing... READ MORE
The parties in an excessive fee suit focused on the adoption of collective investment trusts have come to terms. This suit (Becker v. Wells Fargo & Co., N.D. Cal.., No. 3:20-cv-01803, complaint 3/13/20) was filed in the Northern District of California on behalf of Plaintiff Yvonne Becker (... READ MORE
Our industry often seems to treat participants like children who can’t make big decisions—but a recent research paper suggests they might make better choices if we expanded their perspective. The paper, intriguingly titled “Financial Wellness Meets Behavioral Economics,” highlights a behavioral... READ MORE
Another 401(k) has been charged with falling short of its fiduciary obligations—and of failing to leverage its “tremendous bargaining power”—though it’s a smaller plan than most caught in those crosshairs. The plan in this case is 99 Cents Only Stores, LLC (also branded as “The 99 Store”), an... READ MORE
It’s been fun watching “Coach K” take another team to the Sweet 16 this year—hard to believe he’s been coaching for nearly half a century.  I had the opportunity to see Mike Krzyzewski coach in person just once—and in the not-so-friendly confines of the claustrophobic Cameron Indoor Stadium (no, I... READ MORE
Another multibillion-dollar 401(k) has been sued for a series of familiar—but also some new—angles that are claimed to illustrate a breach of their fiduciary duties under ERISA. In a suit (Stengl v. L3Harris Techs., Inc., M.D. Fla., No. 6:22-cv-00572, complaint 3/18/22) filed in the U.S. District... READ MORE
The law firm of Schlichter Bogard & Denton has a new target—with some familiar accusations. This time (Mills v. Molina Healthcare, Inc., C.D. Cal., No. 2:22-cv-01813, complaint 3/18/22) they are representing plaintiffs Michelle Mills, Coy Sarell, Chad Westover, Brent Aleshire, Barbara Kershner... READ MORE
It’s hard to believe that just two years ago many of us went into our places of work, packed up, and went home for what most thought would be a week, maybe two—and wound up being a lot more than that. In March 2020, my wife and I had just returned from a funeral in the Boston area. While the worst... READ MORE
A suit involving excessive fee allegations regarding a $15 billion plan has come to terms with a unique settlement structure. 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 Wisconsin by participant-plaintiff Dustin... READ MORE
A new 401(k) suit has been filed—with a participant-plaintiff charging an employer with failing… to let him save as much as he wants to. That’s right—one Lance Baird has accused his employer Hyatt Corporation of failing to properly honor his repeated requests to increase the amount of his salary... READ MORE
It’s not all about “the Benjamins,” but a recent analysis of the nation’s private retirement system certainly puts a lot of emphasis on the accumulation of aggregate assets in retirement plans. The Morningstar report—“Retirement Plan Landscape Report, An In-Depth Look at the Trends and Forces... READ MORE
The U.S. Department of Labor has published compliance assistance for 401(k) plan fiduciaries considering plan investments in cryptocurrencies, in an effort aimed at protecting the retirement savings of U.S. workers. The department’s Employee Benefits Security Administration (EBSA), published ... READ MORE
My decision as to whether or not to save in my workplace savings plan wasn’t long or complicated.  Yes, I had to actually fill out a form, and yes, I actually had to figure out how to invest those savings (though in fairness, there were only four funds from which to choose, one of which was... READ MORE
After what seems a brief respite, another multibillion-dollar 401(k) has been targeted with an excessive fee suit. The plaintiffs here—Keith K. Kruchten, Angel D. Muratalla and William Begani—are bringing suit on behalf of the $2.1. billion Ricoh USA, Inc. Retirement Savings Plan. They’re... READ MORE
Capozzi Adler has struck another excessive fee settlement with a billion-dollar plan. This suit was filed by participant-plaintiffs Craig Parmer and Mark A. Laurance against the fiduciaries of the Land O’ Lakes Employee Savings & Supplemental Retirement Plan in May of 2020. In particular, they... READ MORE

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