Season 5 Episode 4
Nevin (Adams) & Fred (Reish) brought their prolific, pugnacious, and provocative perspectives in a live podcast format to the record-breaking NAPA 401(k) Summit.
That’s right, at the mid-point of the 2025 NAPA 401(k) Summit, the precocious podcasting pair talked about a number of lessons to be learned from recent litigation, including:
- Who bears the burden of proof in ERISA litigation—according to the United States Supreme Court (bad policy, but “good” law)?
- A rare jury trial—and a BIG settlement. Why they’re rare (but may become more common). Oh, and it involved a multiple employer plan (MEP).
- Fred clarifies his prediction on PEPs (but he’s still a fan).
And that’s just Part 1!
Episode Resources
Burden of Proof Ruling
Supremes Back Cornell Plaintiffs in ERISA Burden of Proof Standard
Oral arguments in the case: Supremes Hear ERISA Burden of Proof Case
The Cornell University Litigation “Saga” https://www.napa-net.org/header/search/?q=cornell
ERISA Jury Trials
Jury Slaps Pentegra with $39 Million in Damages in MEP Excessive Fee Suit
Fidelity Wins Motion on Jury Demand
PEP Perspectives
Nevin & Fred: Could a Predominant PEPs Prediction Prove Positive?
PEPs Will Match Single Employer Plan Adoption in 5 to 10 Years: Fred Reish