" 'Tell me in a way that includes this case but isn't limited to this case, on a continuing basis, what is a trustee supposed to do?' asked Justice Elena Kagan. 'Three things,' answered plaintiff's attorney David Frederick ... 'One, look at the performance on a regular basis ... No. 2, look at the expenses and determine is there a cheaper way to get the same investment ... and has there been an alteration in the management.' " [Tibble v. Edison International, No. 13-550 (9th Cir. Aug. 1, 2013; argued Feb. 24, 2015)]