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ARTICLE · 24 AUGUST 2026

2026 ERISA Litigation Developments

The first half of 2026 has seen major litigation developments in cases concerning the Employee Retirement Income Security Act (ERISA), including decisions by the U.S. Supreme Court and the U.S. Courts of Appeals for the Fourth, Fifth, Ninth, Eleventh, and D.C. Circuits.

United StatesEmployment and HR

The first half of 2026 has seen major litigation developments in cases concerning the Employee Retirement Income Security Act (ERISA), including decisions by the U.S. Supreme Court and the U.S. Courts of Appeals for the Fourth, Fifth, Ninth, Eleventh, and D.C. Circuits.

Supreme Court Grants Cert in Intel 401(k) Plan Fiduciary Breach Case

The U.S Supreme Court has agreed to hear a challenge to Intel Corp.’s 401(k) plan investment choices. The case is Winston R. Anderson et al. v. Intel Corp. Investment Policy Committee et al., Case Number 25-498, Supreme Court of the United States.

Two former workers claim that Intel breached its fiduciary duties of prudence and loyalty under ERISA by choosing and maintaining underperforming proprietary target-date funds (TDFs) and private equity and hedge fund investments. The workers sought a writ of certiorari from the high Court after the U.S. Court of Appeals for the Fourth Circuit affirmed the 2022 dismissal of their proposed class action by a

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