Groom principal and litigation practice leader Will Delany was quoted in a recent Bloomberg Law article, “Justices Debate How Much 401(k) Benchmark Guidance to Give,” discussing the Supreme Court’s oral arguments in Anderson v. Intel Corp. Investment Policy Committee. The case examines whether retirement plan participants alleging fiduciary imprudence based on investment underperformance must identify a meaningful benchmark to support their claims.
The article explores the justices’ apparent agreement on the importance of meaningful investment comparisons, while highlighting uncertainty over how specifically the Court should define that standard for lower courts. “This may be another ERISA issue that inspires a unanimous judgment, albeit with separate opinions,” Delany noted.
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