"For plan sponsors, this evolving litigation environment is an important reminder that understanding fiduciary risk -- and taking proactive steps to manage it -- is no longer optional.... The central argument being tested is that when an employer selects voluntary benefit programs, endorses them, and receives additional services from brokers that may be considered compensation, the employer may be exercising sufficient control for those benefits to be considered ERISA-covered plans, or at minimum subject to fiduciary standards."  MORE >>