Q 20. In March 2009, the entire United States was in a furor over the fact that the beleaguered insur- ance giant AIG, which had just received hundreds of millions of dollars in bailout money from the U.S. government, had paid out $165 million in performance and retention bonuses to key execu- tives. If you were attorney general of the United States, how would you have advised President Obama with regard to recovering these funds? Are the employee benefits covered by ERISA? Did the CEO of AIG have a fiduciary duty with regard to these funds under ERISA to the employees who claimed they were entitled to the bonuses? Did the CEO have a fiduciary duty to the United States, which owned 79 percent of AIG at that time? 16. Based on these facts, what are the policy consid- erations in favor and against allowing the plaintiff to pursue a lawsuit against OSHA, seeking a writ of mandamus from a federal judge, and requiring OSHA to adjudicate plaintiff’s retaliation claim against the employer? [See Wood v. Department of Labor, 275 F.3d 107 (D.C. Cir. 2001).] 8. What are the arguments for and against an employer defense of workers’ compensation exclu- sivity with regard to plaintiff ’s injuries? How should the court rule? [See Rivers v. Grimsley Oil Company, Inc., 842 So.2d 975 (Fla. App. 2003).] 10. When the plaintiff applies for unemployment compensation, if the referee considers only the employer’s evidence of a positive drug test, should the plaintiff be found guilty of willful misconduct and denied benefits? Should the referee allow the plaintiff/employee to submit evidence of his person- ally purchased drug test? How much weight should the referee give this test? ?