"The second suit is a more narrowly targeted action, brought by sellers of fixed annuities ... While [the complaint in an earlier-filed suit] ... is fairly read as a broad attack on the entire expansion of the fiduciary status and the BIC to retail customers, this complaint is more fairly understood as ... a claim that the Department simply cannot properly regulate insurance agents and the sale of this type of product, or if it can, did not follow proper procedures to do so.... [T]his argument ... essentially asks, from a 30,000 foot perspective, whether ERISA itself captures such products and sellers."  MORE >>