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Text of DOL Amicus Brief Asserting ERISA 404(c) Was Not Sufficient Defense in Suit Asserting Fiduciary Breach
U.S. Department of Labor [DOL] 
[Official Guidance] May 18, 2010
Excerpt: The district court erred in applying ERISA section 404(c) as a defense to the Plaintiffs' claims that the fiduciaries breached their ERISA duties in maintaining the Motorola Fund as an investment option in the Plan. The statute and its regulations make clear that ERISA section 404(c) provides a limited exception from liability for losses 'which result from' a participant's or beneficiary's exercise of control over his individual account in an individual account plan.
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