755 F.Supp.2d at 705; Guiragoss, 444 F,Supp.2d at 658-59 with Alexander v. Brigham & Women's Physicians Orgs., Inc., 513 F.3d 37, 46-48 (1st Cir.2008); Sikora, 2015 WL 9288174, at *8; Tolbert v. RBC Capital Mkts. Corp., No. 11-0107, 2015 WL 2138200, *5-9 (S.D.Tex. April 28, 2015); In re The Colonial BancGroup Inc., 436 B.R. 695, 709 (Bankr.M.D.Ala.2010). 13 . The non-statutory factor was adopted by many courts in response to a 1990 Opinion Letter from the Department of Labor (the "DOL Opinion Letter”) that emphasized the importance of an employee’s influence and negotiating power when determining whether a compensation plan should be exempt from ERISA. DOL, Office of Pension & Welfare Benefits Programs, Opinion No. 90-14A, 1990 WL 123933 (May 8, 1990); see Alexander, 513 F.3d at 47 (<HOLDING>); Guiragoss, 444 F.Supp.2d at 658-59 (citing
recognizing the dol opinion letter as the source of the nonstatutory factor holding in an unpublished opinion that manifest disregard survives hall street as a nonstatutory ground for vacatur recognizing inherent powers as opposed to due process as the source for punishing fraud on the court holding that the source of the federal funds was not a relevant factor in determining the number of violations recognizing that the supremacy clause is not a source of any federal rights