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ERISA Fiduciary Implications of Investing in Alternative Assets Taken up by Supreme Court

The Supreme Court will hear Anderson v. Intel, a case that could reshape how ERISA fiduciaries evaluate and select alternative investments like private equity and hedge funds for retirement plans. The case arrives amid significant regulatory activity, including President Trump's August 2025 Executive Order directing the DOL and SEC to reduce barriers to alternative investments in 401(k) plans and pending DOL rulemaking on fiduciary duties in investment selection.

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