January 23, 2026
The U.S. Supreme Court's decision to take up a suit challenging target-date fund offerings in two Intel employee 401(k) plans gives benefits attorneys hope that clarity is coming on whether meaningful benchmarks are required to plead that investment underperformance breached fiduciary duties under federal benefits law.
January 16, 2026
The U.S. Supreme Court agreed Friday to hear Intel workers' challenge to a Ninth Circuit decision backing an end to their proposed class action alleging 401(k) mismanagement, a case that gives the justices a chance to clarify the pleading standards for retirement fund underperformance.
December 12, 2025
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
October 23, 2025
Former Intel employees urged the U.S. Supreme Court to review the dismissal of their suit claiming their retirement savings were pushed into subpar investment options, saying the Ninth Circuit imposed too strict a standard by requiring them to identify similar funds for comparison.