"The three primary doctrinal sources of fiduciary duty -- trust law, equity law, and agency law -- are fully consistent with, and in fact require application of, the three economic principles of: [1] commensurate return, [2] breakeven analysis, and [3] breakeven en point relative to participant life expectancy, particularly in the 401(k) context.... Commensurate return is the substantive expression of loyalty and prudence. Breakeven analysis is the analytical method by which commensurate return is tested. Breakeven en point relative to life expectancy is the temporal constraint imposed by fiduciary law when mortality risk and forfeiture are present. A fiduciary who ignores these principles acts inconsistently with all three foundational bodies of fiduciary law, even if formal disclosures are made or statutory safe harbors are invoked."  MORE >>