"[A] key question that courts will have to grapple with in each of these cases is whether the plans fall outside the ambit of ERISA in accordance with the [DOL's] 'voluntary plan' safe harbor ... Plaintiffs maintain that the employers lacked any process to review, select or monitor carriers and brokers or to confirm that broker commissions were reasonable. They further allege ERISA prohibited transactions, asserting that employers and brokers caused the payment of excessive commissions from plan assets."  MORE >>