Excerpt: The brief of the Secretary of Labor addresses the following issue: Whether the plaintiffs, participants in numerous ERISA plans whose assets were invested in Bernard Madoff's fraudulent schemes, state a plausible claim that Defendant Ivy Asset Management LLC ..., a company which allegedly provided for the selection of and access to hedge fund and unregulated investment managers, such as Madoff, not available to the general public, provided investment advice for a fee, and thus was an ERISA fiduciary under [ERISA][.]