In the last newsletter I wrote that the Supreme Court had begun hearing oral arguments Oct. 7 for the 2019-2020 term, in part confronting big employment law issues starting in the first week of oral arguments, in this case, Intel Corp. Investment Policy Committee v. Sulyma, a former Intel employee filed a lawsuit against the tech company's retirement plan committee for allegedly breaching fiduciary duties by making poor investments—but the committee said the employee waited too long to file the lawsuit.

The Employee Retirement Income Security Act has a three-year limit to file such claims, and Intel's retirement committee argued that the lawsuit is barred because the employee received all the relevant plan investment information more than three years before he filed the complaint. But the employee argued that his claim is timely because he doesn't recall reading any of the investment information until just before he filed his lawsuit.

Oral argument was set for December 4.

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