Season 5 Episode 5
Nevin (Adams) & Fred (Reish) brought their prolific, pugnacious, and provocative perspectives in a live podcast format to the record-breaking NAPA 401(k) Summit.
In part 1 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).
In part 2, the pugnacious pair presciently pontificated on:
- What to make/do about the recent surge in litigation regarding plan forfeitures
- What to consider in light of recent developments regarding private investments in defined contribution plans
- The implications of/for proxy voting by defined contribution plans in the aftermath of recent litigation regarding American Airlines.
Episode Resources
Forfeitures
Impact of Forfeiture Lawsuits on Plan Sponsors
Alternative/Private Investment Trends
The Growing Case for Alternatives in Retirement Saving: NAPA 401(k) Summit
How Advisors REALLY Feel About Private Markets Investments in 401(k)s
Proxy Voting
How Fiduciaries Can/Should Fulfill Proxy Voting Responsibilities: Hauser
Trump-led DOL to Address ESG Rule Through Rulemaking Process
Table of Contents
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