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Nevin Adams

In class action suits, plaintiffs’ attorneys generally receive a fee whose amount is contingent on the amount of the verdict or settlement — frequently about a third.What about the excessive fee suits?Most of the excessive fee suits brought to date haven’t made it to trial, but a number have... READ MORE
A second, separate proprietary fund suit has been filed against a financial services firm — and a separate law firm is looking for plaintiffs to pursue litigation regarding Morgan Stanley’s 401(k).M&T Bank has been slapped with a second class action lawsuit (Allen v. M&T Bank Corp., W.D.N.Y... READ MORE
Apparently the Texas judge presiding over the challenge to the Labor Department’s fiduciary regulation only wants so much help in considering the issues. District Judge Barbara M.G. Lynn has issued an order stating that she will only consider amicus curiae (“friend of the court”) briefs filed by... READ MORE
The first of the suits challenging the Labor Department’s fiduciary regulation recently got its day in court.In oral arguments before Judge Randolph Moss on the U.S. District Court for the District of Columbia, the plaintiffs (the National Association for Fixed Annuities) tried to make the case for... READ MORE
A new study looks at the benefits of both — and calls into question the conventional wisdom on who benefits most, and how participants should approach those options.In “Tax Uncertainty and Retirement Savings Diversification,” researchers from the University of Arizona and the University of Missouri... READ MORE
The Department of Labor’s (DOL) final rule outlining the circumstances in which state retirement savings programs would not be treated as creating ERISA-covered pension plans is out.The final rule largely mirrors the proposed rule, while offering some clarifications in response to submitted... READ MORE
The IRS has provided a self-certification procedure designed to help recipients of retirement plan distributions who inadvertently miss the 60-day rollover window.In Revenue Procedure 2016-47, the IRS explains how eligible taxpayers, “encountering a variety of mitigating circumstances,” can qualify... READ MORE
The law firm of Schlichter, Bogard & Denton has filed four more lawsuits against multibillion-dollar plans that have allegedly “allowed unreasonable expenses to be charged to participants for administration of the plans, and retained investments with excessive costs and poor performance... READ MORE
Another broker/dealer has been accused of larding its 401(k) plan menu with investment options from mutual fund families that paid hundreds of millions of dollars to the firm, despite what are alleged to be “high fees, poor performance prospects, and availability of better-performing, lower-cost... READ MORE
Another lawsuit has been filed against a multibillion-dollar university retirement plan — but it’s not their 403(b) plan — and the law firm of Schlichter, Bogard & Denton isn’t involved. This one, filed by Sanford Heisler, LLP, is a class action filed in the U.S. District Court for the... READ MORE
One could hardly read the headlines this past week without experiencing a certain sense of déjà vu. After all, it’s been not quite 10 years since the then relatively obscure St. Louis-based law firm of Schlichter, Bogard & Denton launched about a dozen of what have come to be referred to as “... READ MORE
Another day, another “jumbo” university plan accused of not fulfilling its fiduciary duties, though this one has a couple of different twists.Adding to the seven such lawsuits already brought by the St. Louis-based law firm of Schlichter, Bogard & Denton is a new one brought against the Emory... READ MORE
The “hits” just keep on coming with the latest wave of excessive fee litigation, with three more university retirement plans targeted.A decade ago, the law firm of Schlichter, Bogard & Denton launched a dozen excessive fee lawsuits against a multi-billion dollar 401(k) — in the past week they’... READ MORE
The devil is often in the details in litigation — but now the “devils” find themselves in the defendant’s chair.In this case we’re talking about the (Blue) Devils — specifically, Duke University, which has, in the most recent class action filing by the law firm of Schlichter, Bogard & Denton,... READ MORE
The law firm of Schlichter, Bogard & Denton has now turned its attention to the education sector, filing separate class action lawsuits against three universities on behalf of over 60,000 employees in their defined contribution retirement plans, both 401(k) and 403(b).According to a press... READ MORE
State-run retirement programs for the private sector — and those who might be affected by them — could soon get some additional clarity from the Department of Labor (DOL). That would come via the final DOL rule intended to clarify that state savings initiatives would not be subject to ERISA... READ MORE
Asserting its claim for summary judgement in the fiduciary rule litigation, one set of plaintiffs says that the Department of Labor (DOL) is counting on the sheer complexity of the issues to prevail in court. After taking the DOL to task for its lack of care in constructing the justification for... READ MORE
As the dates for oral arguments approach, another set of plaintiffs have made their case for a quick summary judgment decision in their favor. The latest filing, on behalf of the American Council of Life Insurers and National Association of Insurance and Financial Advisors, challenges “the attempt... READ MORE
The plaintiffs in the first lawsuit filed challenging the Department of Labor (DOL’s) fiduciary regulation take an aggressive stance in their motion for summary judgment.The 52-page filing starts (once the table of contents and table of authorities are dispensed with) by calling out the DOL for its... READ MORE
Could the next state-run retirement program for the private sector emerge from the Great Lakes State?State Representatives Scott Dianda (D) and Robert Wittenberg (D) have introduced House Bill 5776, the Michigan Secure Retirement Savings Program Act. According to a press release, the legislation,... READ MORE

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