ERISA
As the terms of the mutual fund investment were negotiated at arms length prior to any fiduciary relationship between the parties, and a winnowing of investment options and subsequent advice had insufficient nexus to protected ERISA relationships, an assertion under ERISA of excessive fees doesn't state a claim.
http://media.ca8.uscourts.gov/opndir/16/01/151007P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.