Excessive fee litigation originally began to emerge in the early 2000s, and has now reached an all-time high.

Over the last several years concern around big issues like economic disparity, climate change, and social justice have increased across the country. In light of these issues, many are drawn to the idea of tying investment decisions to personal or social values in an effort to effect social change through environmental, social, and corporate governance (ESG) investing (source 6). As of 2018, the popularity of ESG investing had grown to include more than $30 trillion in assets, based at least in part on investors’ demands for clarity around a company’s attitude toward social issues (source 5).

The effects of the COVID-19 pandemic are pummeling the U.S. stock market, and our economy is beginning to feel the strain of nationwide business disruptions. Responding to slowing business demand with layoffs, wage cuts, or a reduction in employee hours may provide opportunity for greater company scrutiny by a wide variety of claimants, including employees. Fiduciary liability is an often-overlooked area of insurance coverage that can help protect businesses offering retirement or employee benefit plans that may be affected by the economic shift.