"[If] the DOL attempts to provide a fiduciary 'safe harbor' for selecting alternative assets, that safe harbor would likely be set aside by the courts. On the other hand, the DOL could express its views on what a prudent process might look like and perhaps even provide a checklist as a tool. But it would be unrealistic to expect the DOL to provide guidance or a regulation that specifies steps that would lead to automatically deemed fiduciary compliance."  MORE >>