Investment Law Scholars' Amicus Brief in Hughes v. Northwestern University

32 Pages Posted: 27 Oct 2021

See all articles by William A. Birdthistle

William A. Birdthistle

Chicago-Kent College of Law - Illinois Institute of Technology

Quinn Curtis

University of Virginia School of Law

Date Written: September 10, 2021

Abstract

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 argues for the importance of well-constructed retirement plan menus featuring curated low-cost options.

Keywords: Investment Law; Mutual Funds; ERISA; Supreme Court

JEL Classification: K22

Suggested Citation

Birdthistle, William A. and Curtis, Quinn, Investment Law Scholars' Amicus Brief in Hughes v. Northwestern University (September 10, 2021). Available at SSRN: https://ssrn.com/abstract=3945772 or http://dx.doi.org/10.2139/ssrn.3945772

William A. Birdthistle

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

Quinn Curtis (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

HOME PAGE: http://https://www.law.virginia.edu/faculty/profile/qc3q/2298852

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