In CNBC article, Josh Lichtenstein Discusses Supreme Court's Anderson v. Intel Case and Private Investments in 401(k) Plans

In a CNBC article, ERISA and benefits partner Josh Lichtenstein, who leads the firm's ERISA fiduciary practice, discussed Anderson v. Intel Corp. Investment Policy Committee, in which the U.S. Supreme Court heard oral arguments on whether a retirement plan underperformance claim requires alleging a “meaningful benchmark.” The article notes that the decision could influence employers’ decisions on whether to add private investments to 401(k) plans.

Josh, who co-authored an amicus brief to the Court on behalf of the Investment Company Institute, said a favorable ruling could encourage hesitant employers, “a positive outcome in this case will go a long way toward getting plan sponsors that have wanted to do this for years, but held off, for fear of being sued, feel more confident that they can do this with less fear of being sued.”

He also commented on the Department of Labor's March 2026 proposed rule on alternative investments, calling it “the clearest guidance the department has ever given on the types of information and process that a plan sponsor should go through when making investment decisions.”