Anderson v. Intel – U.S. Supreme Court Grants Certiorari: Implications for ERISA “Excessive Fee” Litigation

This article examines the U.S. Supreme Court’s review of Anderson v. Intel Corp., a pivotal Employee Retirement Income Security Act (ERISA) case that could reshape how courts evaluate fiduciary breach claims at the pleading stage. The authors analyze the growing circuit split over whether plaintiffs must identify a “meaningful benchmark” to support allegations of imprudent investment decisions. They also explore how the Court’s ruling may clarify the role of comparator evidence, the treatment of alternative investment strategies, and the broader trajectory of ERISA litigation following recent Supreme Court decisions. Readers will gain practical insights into how the outcome could influence motion-to-dismiss strategies and the future of excessive-fee and underperformance claims.