https://www.live-feeds.com/feed/how-supreme-court-justices-are-leaning-in-major-401-k-case-over-private-funds-and-underperformanceContinuously updated, source-cited coverage. https://www.live-feeds.com/feed/how-supreme-court-justices-are-leaning-in-major-401-k-case-over-private-funds-and-underperformancehttps://www.live-feeds.com/feed/how-supreme-court-justices-are-leaning-in-major-401-k-case-over-private-funds-and-underperformance#u122814Thu, 15 Oct 2026 04:02:28 +0000The US Supreme Court heard arguments in Anderson v. Intel, a case that could determine whether 401(k) underperformance claims must include a "meaningful benchmark". The case has significant implications for employers and asset managers. The justices seemed skeptical of a challenge to private equity in 401(k) plans, with some expressing concerns about comparing apples to apples in assessing investment choices. A ruling could reshape how 401(k) plans incorporate private funds.Why it mattersThe case centers on a dispute over Intel's 401(k) plan, with plaintiffs arguing that the pla