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 anumber 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 developmentsregarding private investments in defined contribution plans;    - The implications of/for proxy voting by definedcontribution plans in the aftermath of recent litigation regarding American Airlines.

Episode Resources

Forfeitures

Forfeiture Litigation Update

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