United States: Retirement, Superannuation & Pensions

ERISA fee litigation focused on alleged investment underperformance has been active for many years. In Kvek v. Cushman & Wakefield, Case No. 2:26-cv-736 (W.D. Wash., filed March 3, 2026), plaintiffs have taken a new tack, alleging that one fund underperformed due to investments in companies impacted by climate risk and that plan fiduciaries breached their duties by failing to analyze and account for such risk.

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace.

As has been discussed and written about extensively, the U.S. Supreme Court lowered the pleading standard for claims alleging violations of ERISA's prohibited transaction rules.