"[W]ell-crafted 408(b)(2) Rulemaking should aim to balance meaningful transparency with appropriate safeguards as outlined below, recognizing that new requirements have the potential to increase, rather than decrease meritless litigation against plan fiduciaries who continue to exercise prudence and loyalty in carrying out their ERISA duties. The development of clear rules, including a process- based safe harbor as discussed below, will allow plan fiduciaries to more ably defeat such frivolous litigation, including potentially in a more efficient manner."  MORE >>