Northwestern Decision – Takeaways for Public Plan Fiduciaries
On January 24, 2022, in a unanimous decision, the Supreme Court in Hughes v. Northwestern remanded a long-running case against Northwestern University to the lower courts for further review. While the case is only directly applicable to ERISA plans, governmental plan fiduciaries may be wise to take note of the court’s opinion and consider ways to document a record on fees and expenses that is in line with the Court’s decision.