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Class Action Litigation Settlements and ERISA: What Does PTE 2003-39 Really Require? (PDF)
The Wagner Law Group in Bloomberg BNA 
Feb. 6, 2013
"To assess whether a plan should settle a claim, ERISA requires a decision-making process that considers each of the factors specified in PTE 2003-39, specifically: (1) the plan's likelihood of full recovery, (2) the risks and costs of litigation, (3) the value of claims forgone, (4) the scope of any claims release, and (5) the value of non-cash assets to be received by the plan, as well as factors that might reduce the plan's recovery, such as attorney's fees. The DOL expects that a value will be assigned to each of these factors, the weighting of which will differ depending on the type of case."
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