With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding in an unpublished opinion that manifest disregard survives hall street as a nonstatutory ground for vacatur
B: recognizing the dol opinion letter as the source of the nonstatutory factor
C: recognizing inherent powers as opposed to due process as the source for punishing fraud on the court
D: holding that the source of the federal funds was not a relevant factor in determining the number of violations
B.