Bass, Berry & Sims attorney Audrey Anderson provided insight about a lawsuit filed against Northwestern University questioning whether employee retirement plan managers have violated the Employee Retirement Income Security Act (ERISA) of 1974 by failing to intervene when plan fees increase and investments can be identified that have underperformed. This is one of five Supreme Court case topics featured in the article that the author claims will impact employment law in the coming year.

During oral arguments on December 7, the Supreme Court justices seemed to be “searching for a middle ground between the high bar for a plaintiff to survive a motion to dismiss set by an appeals court in Northwestern’s case and the broader standard pushed by the plaintiffs and the U.S. Department of Justice,” said Audrey. “The court’s ruling could stem a tide of excessive-fee lawsuits filed in recent years.”

The full article, “Five Ways SCOTUS Will Shape Employment Law in 2022,” was published on December 28 by Reuters and is available online. To learn more about the Northwestern University case, read Audrey’s analysis here.