Simpson Thacher Attorneys Author Law360 Article on SCOTUS 401(k) Alternative Investments Case
Partners Erica Rozow and Rajib Chanda and Associate Christopher Torikoglu authored an article published by Law360, which examined the potential implications of a U.S. Supreme Court decision in Anderson v. Intel Corp. Investment Policy Committee for the use of alternative assets in 401(k) plans. The article provided background on the pleading standards at the center of the case and outlined the Court’s consideration of whether, and in what cases, a “meaningful benchmark” should be required in ERISA imprudence claims. The article further discussed how a ruling in Intel’s favor, together with recent Department of Labor actions, could reduce litigation risk for plan sponsors and help facilitate broader access to alternative investments through defined contribution plans.
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