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Supreme Court justices signaled during oral arguments on Oct. 6 that they are likely to side with Intel Corp. in a major lawsuit over private investments in 401(k) plans.
Investment Policy Committee, centers on whether employees must propose a specific benchmark to prove a retirement plan underperformed due to imprudent management.
The dispute does not challenge the use of alternative assets like hedge funds or private equity in 401(k) plans. Instead, it addresses the legal standard for underperformance claims.
Employees argued that Intel's relatively low returns breached fiduciary duty.
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