"The problem with ignoring the crucial ERISA principle of making whole, not punishing, is that the plaintiff's [$3.8 million] windfall punishes all the other participants in employer-sponsored health care, disability and life insurance plans, whose premiums could skyrocket to cover this new threat to clawback 10+ years of corporate return on equity. Combine this with health care reform, and the Dudenhoeffer assault on employee stock ownership plans, and I have to ask whether employer-sponsored plans will become dinosaurs, and I need to starting thinking about my career security."  MORE >>