Investment Law Scholars’ Amicus Brief in Hughes v. Northwestern University
CO-AUTHORS William Birdthistle
Harvard Law School Forum on Corporate Governance
UVA Law Faculty Affiliations
In Hughes v. Northwestern University, the Supreme Court is set to address “Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment products or services are sufficient to state a claim against plan fiduciaries for breach of the duty of prudence under the Employee Retirement Income Security Act of 1974.” This amicus brief in support of petitioners, signed by twenty-five investment law scholars, argues for the importance of well-constructed retirement plan menus featuring curated low-cost options.
William Birdthistle & Quinn Curtis, Investment Law Scholars’ Amicus Brief in Hughes v. Northwestern University, Harvard Law School Forum on Corporate Governance (2021).