JD
By Nevin E. Adams, JD 7/19/2023
The terms of a settlement in an excessive fee suit against a $2.3 billion 403(b) plan have come to light.
The suit (Garnick v. Wake Forest Univ. Baptist Med. Ctr., M.D.N.C., No. 1:21-cv-00454, complaint 6/4/21) was filed in June 2021 in the U.S. District Court for the Middle District of North...
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By Nevin E. Adams, JD 7/17/2023
Millennials have had a rough week of it, at least in the financial press.
First there was a report that they had established asset allocations that mirrored that of their grandparents (the respondents apparently never heard of a target-date fund). Then a separate survey that indicated they (70% of...
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By Nevin E. Adams, JD 6/30/2023
The allegations in a new excessive fee suit are familiar—but the plaintiff has clearly been attentive to pleading failures that have led to other, similar cases being dismissed.
Commenting that “the proliferation of 401(k)plans has exposed workers to big drops in the stock market and high fees...
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By Nevin E. Adams, JD 6/29/2023
One of the first excessive fee suits filed against university 403(b) plans has (finally) come to a conclusion with a jury verdict in favor of the fiduciary defendants—with an odd twist (or two).
The suit against Yale University was one of the first to be filed in this area—and by Schlichter Bogard...
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By Nevin E. Adams, JD 6/28/2023
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...
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By Nevin E. Adams, JD 6/13/2023
A federal judge has dismissed a multi-billion plan fiduciary's motion to dismiss an excessive fee/fiduciary breach suit.
The defendants in this case—filed in the U.S. District Court for the Eastern District of Michigan in early 2021—are the fiduciaries of the Magna Group of Companies Retirement...
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By Nevin E. Adams, JD 5/25/2023
The parties in a two-year old 403(b) excessive fee suit against a $2.3 billion plan have come to terms.
The suit (Garnick v. Wake Forest Univ. Baptist Med. Ctr., M.D.N.C., No. 1:21-cv-00454, complaint 6/4/21) was filed in June 2021 in the U.S. District Court for the Middle District of North...
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By Nevin E. Adams, JD 5/18/2023
The terms of a quickly settled excessive fee suit involving a 403(b) plan have come to light.
The plan fiduciaries here are Springfield, Massachusetts-based Baystate Health Inc. — and they were sued just last Nov. 17 by participant-plaintiffs Michael Chechile and Sonia Lopez (who were represented...
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By Nevin E. Adams, JD 4/13/2023
An excessive fee suit with a “complicated procedural history” and one that a federal judge says “appears to be a lawsuit in search of a theory” has, once again, culminated in a win for the plan fiduciaries.
This time we’re talking about the suit alleging that the Georgetown University 403(b) plan...
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By Nevin E. Adams, JD 3/30/2023
Following a United States Supreme Court directive, a federal court has reconsidered its earlier conclusions in an excessive fee case.
Now, it’s been awhile, but you may recall that the case[1] (April Hughes et al. v. Northwestern University) had been dismissed by this same Seventh Circuit back in...
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By Nevin E. Adams, JD 3/23/2023
Apparently it’s never too early to start thinking about the cost-of-living adjustments for Social Security.
While at this point such things seem to be highly speculative (to say the least), February inflation — as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (...
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By Nevin E. Adams, JD 3/21/2023
A $1.6 billion 403(b) plan has settled an excessive fee suit for $6 million.
The suit — brought by participants Susan McNeilly and Carla Martz of the Spectrum Health System 403(b) plan and represented in that action by the law firm Capozzi Adler[1] — had made the “usual” assortment of allegations...
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By Nevin E. Adams, JD 3/8/2023
The parties in one of the first university 403(b) excessive fee suits—by participant-plaintiffs represented by the Schlichter law firm—have unveiled the terms of a big settlement.
The suit, filed way back in August 2016, involved two plans sponsored by the University of Southern California (the...
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By Nevin E. Adams, JD 2/22/2023
The parties in an excessive fee suit have struck a deal — mere months after the suit was filed.
The plan fiduciaries here are Springfield, Massachusetts-based Baystate Health Inc. — and they were sued just last Nov. 17 by participant-plaintiffs Michael Chechile and Sonia Lopez (who were...
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By Nevin E. Adams, JD 2/15/2023
The Labor Department has weighed in on an excessive fee case on behalf of the participant-plaintiffs — asserting that the district court made a bad call on the burden of proof.
The case under appeal involves Home Depot, and a decision last fall by Judge Steven D. Grimberg in the U.S. District...
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By Nevin E. Adams, JD 2/14/2023
Today is Valentine's Day — and, as usual, there’s been the typical seasonal promotions for flowers, candy, and even pajamas.
I’ve been pretty good over the years remembering those type events — anniversaries (wedding AND dating), birthdays and, yes — Valentine’s Day. But sometimes the time gap...
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By Nevin E. Adams, JD 2/13/2023
The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) is resoliciting comments on its Voluntary Fiduciary Correction Program (VFCP) for input on changes mandated by the SECURE 2.0 Act of 2022.
Also cited were comments to the proposed amendment to Prohibited Transaction...
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By Nevin E. Adams, JD 1/31/2023
The parties in one of the first university 403(b) excessive fee suits — by participant-plaintiffs represented by the Schlichter law firm — has come to terms on the eve of going to trial.
The suit, filed in August 2016, involved two plans sponsored by the University of Southern California (the...
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By Nevin E. Adams, JD 1/4/2023
This is the time of year when resolutions for the cessation of bad behaviors and the beginning of better ones are in vogue. Here are five for plan fiduciaries for 2023.
Develop a plan budget.
Most financially-focused New Year’s Resolutions focus on spending (less) or saving (more)—and the really...
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By Nevin E. Adams, JD 12/28/2022
A $4 billion plan has struck a $4 million settlement—and “meaningful prospective relief” — in a suit that challenged the fees it paid itself as recordkeeper for its own plan.
Plaintiffs Chris Carrigan, Michael Venti, and Sylvain Yelle (represented by Nichols Kaster PLLP[1] and Garrison, Levin-...
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