The U.S. Supreme Court on Tuesday (October 6) heard oral arguments in a significant case concerning Intel's 401(k) retirement plan. The case could impact employer interest in private investments within 401(k) plans and is related to the Department of Labor's upcoming new regulations on private investments in retirement plans. At the core of the case is whether employees claiming underperformance of a retirement plan need to propose a "meaningful benchmark" for evaluation. During the arguments, the justices appeared skeptical of plan sponsors' investment choices easily becoming targets for lawsuits, with several justices leaning towards the view that a "meaningful benchmark" is needed when evaluating investment performance, and that one cannot "compare apples and oranges." Legal experts believe the justices' questions suggest they may be inclined to rule in favor of Intel and uphold the Ninth Circuit's decision that allegations of underperformance alone are insufficient to constitute a lawsuit unless a "meaningful benchmark" that the court can evaluate is provided.