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Numerous lawsuits have been brought under ERISA over the last decade, against the fiduciaries and sponsors of 401(k) and other defined contribution retirement plans. Part One of this three-part article discussed many of these lawsuits, which have been pled as class actions on behalf of all or many participants of the plan. Part Two discussed the implications of behavioral finance for ERISA litigation, provision of financial services with choice, and loss calculations. Part Three herein discusses damages calculations.
Damages Calculations with Allegations of
 Misstatements or Omissions
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  The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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