Justices' Intel Ruling Could Aid 401(k) Alternative Asset Push
Thursday, November 5, 2026 · first reported by Law360
Attorneys at Simpson Thacher say a Supreme Court ruling for Intel in Anderson v. Intel could weaken the most common litigation theory used against putting alternative investments in 401(k) plans. The case concerns a prudence claim against plan fiduciaries that rests on underperformance shown by comparing two funds that are not meaningfully similar. The attorneys' view follows the court's recent oral arguments in the case.
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