Davis & Harman Associate Grace Sullivan Co-Authors Blog Post on Supreme Court Oral Arguments in Anderson v. Intel
- Published Date: October 14, 2026
On October 7, 2026, Encore Fiduciary, together with Davis & Harman associate Grace Sullivan, published a FidGuru Blog post titled, “Summary of Oral Arguments in Anderson v. Intel Heard Before the U.S. Supreme Court.”
In the post, the authors detail how, on October 6, 2026, the United States Supreme Court heard oral arguments in Anderson v. Intel, considering the question of whether, when alleging a plan fiduciary breached its duty of prudence under ERISA based on fund underperformance, a plaintiff must allege a “meaningful benchmark” against which to compare the allegedly underperforming fund.
The post highlights notable developments and insights gleaned from the oral arguments and considers whether the Court will uphold the Ninth Circuit’s decision requiring a meaningful benchmark by plaintiffs at the pleading stage. The Court is expected to issue its decision in early 2027.
A link to the full article can be found here.
