"The suit ... implies Fidelity breached its fiduciary duty by accepting part of Financial Engines' advice fee despite Financial Engines providing no advice ... The plaintiffs maintain that if Fidelity was not being paid then the fee that Financial Engines would charge would be substantially less.... The lawsuit employs similar logic in alleging that Fidelity is acting illegally by offering retail classes of shares to investors when institutional shares exist, alleging that the aggregation of all the retail accounts equals one big institutional account."

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