Finjan Holdings Inc (FNJN)

[Zephyr]

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Plaintiffs claimed that plan administrator Fidelity Investments overpriced
the 401(k) and used the revenue-sharing payments to subsidize free or
discounted services to ABB unrelated to the 401(k) plan, including a retirement
plan for highly paid executives. ABB 401(k) plan participants paid close to $50
million in excess investment management, record-keeping and administrative
fees, the workers claimed.

"ABB disputes the allegations and is vigorously defending the case," the
company said in a statement.

A Fidelity spokesman says, "We disagree with the complaint, and we have
defended the suit vigorously." He adds that the firm specifically disagrees
that the ABB plan has overpaid, or that Fidelity has violated any fiduciary
duty.

Though details of revenue-sharing arrangements tend to be murky, the recent
proposed settlement involving Hartford Life will force disclosure in its plans.
Hartford agreed to pay $13.8 million to settle the case, which was filed by
employer Phones Plus Inc. on behalf of its 401(k) plan. Hartford also agreed to
disclose the revenue-sharing rate in its 401(k) plans. The company said in a
statement that it settled the case to avoid the expense and distraction of
litigation.

Mr. Powelson, meanwhile, is calculating the savings that will come from his
company's upcoming switch to the new lineup of lower-cost funds. The move will
cut average fund expenses by more than 1 percentage point. So with roughly 40
years left in his working life, Mr. Powelson figures, he just might be able to
retire two or three years earlier.


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03-05-10 2038ET

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