• On April 16th, the Seventh Circuit affirmed the dismissal of a lawsuit that sought to hold American United Life Insurance Co. ("AUL") liable as an ERISA fiduciary. An ERISA plan for whom AUL served as plan administrator claimed that AUL was an ERISA fiduciary that breached its duties by engaging in revenue sharing with the mutual funds offered by the plan. The Court however, held that AUL's selection of the funds offered by the plan (via an annuity separate account) did not make AUL an ERISA fiduciary. AUL's discretion in the selection of share classes also did not make it a fiduciary when the plan did not allege any account mismanagement. Nor did AUL's decision not to exercise its discretion to select less costly funds make it a fiduciary. Leimkuehler v. American United Life Insurance Co.