The Supreme Court heard oral arguments on Tuesday on a consequential issue that could help control meritless ERISA litigation. In a case involving Intel, the justices grappled with an issue on which the appellate courts did not agree-do plaintiffs challenging the performance of 401(k) plan investments need to compare performance to a meaningful benchmark in order to avoid having the suit dismissed?
Carol Buckmann thinks that plan sponsors should be encouraged by the focus of the Justices’ discussion and shared her take on the oral argument with Pensions & Investments in this article.