"Open court filings against the DOL are already raising questions as to whether the decision will play a role ... The courts ... may still side with regulators, but it is also likely that differences will emerge across districts, states and appellate circuit courts, further complicating the picture for plan fiduciaries.... To the extent that plan fiduciaries are concerned about litigation risk, they may be less inclined to adopt an optional standard with a high likelihood of being challenged[.]"

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