In Cunningham v. Cornell University, the U.S. Supreme Court rejected efforts by plan fiduciary defendants, previously endorsed by several courts of appeals, to require plaintiffs to allege more than the mere existence of a contract with a service provider to withstand early motions to dismiss prohibited transaction claims in excessive fee lawsuits. The decision appears likely to lead to increased litigation, and plan fiduciaries should review their processes and procedures to ensure plans are only paying reasonable fees for necessary services.

In recent years, the international community has increasingly focused on the importance of respecting human rights in corporate activities. This trend was driven in part by the United Nations’ adoption of the Guiding Principles on Business and Human Rights in 2011, which accelerated the global movement towards holding companies accountable for human rights violations.