"[W]hile the company sponsoring the plan ultimate remains responsible for the date provided to the 3(16) Fiduciary, it is the very tasks involved in this service that contain the greatest fiduciary liability.... Section 3(21) of ERISA addresses the provision of investment advice.... Given the assumed expertise of the 3(21) Fiduciary, may offer certain limited protections to the plan sponsor with regard to fiduciary liability.... [Only] the 3(38) Fiduciary automatically removes any ongoing fiduciary liability (albeit limited to investment selection) on the part of the plan sponsor. Bear in mind, though, the plan sponsor will always retain the fiduciary liability associated with selecting the 3(38) Fiduciary."

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