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Nevin E. Adams

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
Despite a request—and an apparent consideration of that request—the nation’s highest court has decided not to take on a case challenging the CalSavers state-run IRA program for private sector workers. The original suit, filed in the U.S. District Court for the Eastern District of California in... READ MORE
As I was pulling together tax information, I was reminded that, in addition to the benefits of pre-tax savings and deferred taxes on retirement savings, there’s another tax benefit—but one of which many aren’t aware.  It’s called the Saver’s Credit—but only 43% of workers are aware of the credit,... READ MORE
A $14 million excessive fee settlement has been approved by a federal judge, though there was an objection raised by one of the members of the participant class. U.S. District Judge Charles R. Norgle signed off on the deal presented by the parties (plaintiffs Chandra V. Brown-Davis, Yolanda Brown... READ MORE
Will your 401(k) be bitten by the Bengals—or rally with the Rams? That’s what adherents of the so-called Super Bowl Indicator[1] would likely conclude, after all. It’s a “theory” that when a team from the old National Football League wins the Super Bowl, the S&P 500 will rise, and when a team... READ MORE
Last week, a group representing advisors who sell annuities challenged the legality of the fiduciary rule in federal court—and now a second suit filed in a different federal court accuses the Labor Department of making law with a series of FAQs. This suit was filed in U.S. District Court for the... READ MORE
Another excessive fee suit targets recordkeeping fees, actively managed funds, and a custom target-date fund series. The suit here (Locascio v. Fluor Corp., N.D. Tex., No. 3:22-cv-00154, complaint 1/24/22) was filed by former participants Deborah Locascio and David Summers on behalf of the Fluor... READ MORE
Noting that “pouring the same old wine into a new bottle does not change the result,” a new lawsuit seeks to vacate the Labor Department’s fiduciary rule as expressed in PTE 2020-02. The suit—filed by the Federation of Americans for Consumer Choice Inc., joined by several advisors and advisory... READ MORE
Looks like those hoping for some clarity on a threshold issue involving ERISA fee litigation will have to wait for another day. I’m referring, of course, to last week’s ruling by the Supreme Court on the case of Hughes v. Northwestern University et al.—a case that the law firm of Schlichter Bogard... READ MORE
The ink was barely dry on the Supreme Court’s recent ruling in an excessive fee case—and a federal judge who “…been awaiting the Supreme Court’s decision in Hughes v. Northwestern University,” has applied its ruling in refusing to dismiss another, similar suit. The participant-plaintiffs[1] here (... READ MORE
In a ruling likely to make it harder—perhaps much harder—to dismiss excessive fee lawsuits, the U.S. Supreme Court has remanded for further consideration a lower court decision that had favored the fiduciary defendants. In a unanimous decision[1] (Hughes v. Northwestern University et al., case... READ MORE
The addition of an arbitration clause has—for the moment, anyway—paused an excessive fee suit. But what’s interesting is how the court applied the terms of that clause.  The suit had been brought by plaintiffs Lawanda Holmes, Ani M. Miller and Brittany E. Roxbury (“by and through their attorneys... READ MORE
Another fiduciary breach suit has been filed involving a series of target funds with a short, and allegedly poor, track record. This time it’s participant-plaintiff Joanna P. Mattson bringing suit “individually and on behalf of the Milliman, Inc. Profit Sharing and Retirement Plan and a class of... READ MORE
A new paper rehashes (and embraces) some old beliefs, blatantly ignores the full impact of workplace savings, disregards the reality that deferrals are temporary—and kills a lot of trees in the process.   The diatribe’s author, perhaps because he’s affiliated with a law school, perhaps because the... READ MORE
It’s taken a while for the details to emerge, but we finally know the terms of a proprietary fund settlement—cash and a plan design “twist.” This suit—filed way back on Valentine’s Day, 2017—involves allegations by a participant in its own plan (and funds), one David G. Feinberg, on behalf of the... READ MORE
Which is more powerful—a generous match, or a high savings rate default?  As it turns out, Christmas Eve brought us a new white paper with the fairly innocuous title, “The Impact of Employer Defaults and Match Rates on Retirement Saving.” Indeed, there have been plenty of surveys (and tons of data... READ MORE
I’ve been writing a weekly column (and then some) for more than two decades now. Some are easier to write (and read)—and some hold up better (and longer) than others. These are some of my (and perhaps your) favorites from 2021. Let me know what you think in the comments below… particularly if I... READ MORE

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