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 ProofStandard

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 MEPExcessive Fee Suit

Fidelity Wins Motion on Jury Demand

PEP Perspectives

Nevin & Fred: Could a Predominant PEPs Prediction ProvePositive?

PEPs Will Match Single Employer Plan Adoption in 5 to 10 Years: Fred Reish