AAU joined 13 higher education associations in submitting an amicus brief to the United States Supreme Court in the case of Cunningham v. Cornell. The brief supports Cornell University and asks the United States Supreme Court to affirm the Second Circuit’s November 2023 decision that to state a valid claim for breach of a fiduciary duty for a prohibited transaction under the Employee Retirement Income Security Act of 1974 (ERISA), more is required than just a mere allegation that such a transaction took place.