4 pages. Excerpt: [T]he federal courts simply must take into account the second-guessing to which plan defendants are subjected in failure-to-diversify cases. ERISA litigation can unnecessarily burden fiduciarieswith substantial defense costs and require them to make bet-the-company decisions whether to try or settle a case. When cases are settled or judgments are paid, those expenses are ultimately borne by the plan sponsor through greater plan expenses, including higher insurance premiums.  MORE >>