"When hiring a financial advisor, 401k plan sponsors have a fiduciary duty to assess 'the reasonableness of the compensation (direct and indirect), and determine any conflicts of interest that may impact the service provider's performance.' A [Best Interest Contract Exemption (BICE)] will almost certainly make these assessments more difficult.... [T]he BICE will also be a bad deal for the financial advisors fighting to keep their variable compensation. The complex BICE requirements will make compliance expensive and give fodder to trial lawyers looking to prove excessive 401k fees due to conflicted investment advice.... [T]hese advisors will have a tougher time competing with fee-only advisors that won't need to have their clients sign a complicated BICE disclosure document."