"As to civil (not criminal) enforcement, [FAB 2026-01] establishes a clear lodestar. The emphasis is to be on breaches of the duty of loyalty ... [E]nforcement activities need to have a close connection with: [1] The plain language of ERISA's text, [2] Clearly established guidance in final DOL regulations or prominently published sub-regulatory guidance, or [3] Clearly established court decisions.... [T]he DOL's Assistant Secretary must be informed by field personnel of 'significant enforcement activity,' which is to include any proposed settlements or voluntary corrective actions.... EBSA investigators and professionals must not do anything that compromises the DOL's independence, integrity, and credibility with the regulated or participant communities."  MORE >>